Amendment of List of Exempt Native Specimens - East Coast Inshore Finfish Fishery, QLD (30/05/2006)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly with respect to matters of national environmental significance. One of the key objectives of the Act is to regulate the trade of native specimens, with certain exceptions. To address the need for streamlined trade processes for native specimens from specific fisheries, the Act includes provisions for exempting certain specimens from trade control requirements. The Environment Protection and Biodiversity Conservation Act 1999 (No. 106, 1999), enacted by the Parliament of Australia, aims to protect and manage Australia's biodiversity and environment. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, amends the List of Exempt Native Specimens by adding specimens from the Queensland East Coast Inshore Finfish Fishery, subject to specific conditions. The policy objective is to facilitate lawful trade of these specimens while ensuring compliance with the wildlife trade operation declaration and maintaining the integrity of the fishery's regulatory framework.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens according to Section 303DC applies specifically to specimens derived from fish or invertebrates taken in the Queensland East Coast Inshore Finfish Fishery, excluding those species listed under Part 13 of the EPBC Act. This amendment serves to exempt these specimens from the trade control provisions that apply to regulated native specimens, thus allowing continued export without the need for export permits, provided the specimens are derived lawfully and are covered by an approved Wildlife Trade Operation (WTO) declaration under section 303FN of the Act. The WTO declaration must be in force, and the fishery must operate in compliance with the WTO conditions. If the WTO declaration expires or is revoked, the exemption from trade control provisions will be lifted, and export of these specimens will no longer be permitted. This legislative instrument, which commenced the day after its registration on the Federal Register of Legislative Instruments, also includes consultations with relevant ministers and departments to ensure compliance and oversight.

Key Provisions

The primary operative sections of this legislation are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 303DB establishes the list of exempt native specimens, which exempts these specimens from the trade control provisions applicable to regulated native specimens. Section 303DC allows for the amendment of this list, as implemented in this particular instrument. This instrument adds specific specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Queensland East Coast Inshore Finfish Fishery, to the list of exempt native specimens. The Act imposes certain obligations on the parties involved. Firstly, the specimens must be taken lawfully, which means they must comply with all applicable fishing regulations and laws. Secondly, the specimens must be covered by a declaration of an approved Wildlife Trade Operation (WTO) under section 303FN of the EPBC Act in relation to the fishery. This requirement ensures that the trade of these specimens is regulated and monitored effectively. The WTO declaration must remain in force for the specimens to remain exempt from the need for export permits. The fishery must also adhere to the conditions outlined in the WTO; otherwise, the WTO must be revoked, leading to the removal of the specimens from the list of exempt native specimens and the resumption of the need for export permits. Failure to comply with the requirements of this legislation can result in various consequences. While the Act does not explicitly outline specific offences or penalties in the explanatory statement, breaches of the WTO conditions or unlawful taking of specimens could lead to revocation of the WTO, removal of the specimens from the list, and the reinstatement of export permit requirements. Additionally, any unlawful trade of these specimens could result in civil or criminal penalties under the relevant fisheries or environmental protection laws. The maximum penalties would depend on the specific legislation breached and the severity of the offence.