Amendment of List of Exempt Native Specimens - East Coast Otter Trawl Fishery, QLD (18/11/2004)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly focusing on the conservation of biodiversity and heritage places. One of the ways the EPBC Act addresses these objectives is through the regulation of the trade of native specimens. The Act includes a list of exempt native specimens that can be traded without a permit, subject to certain conditions. The legislative instrument F2005B02226 amends this list by adding specimens taken from the Queensland East Coast Otter Trawl Fishery, provided they are from lawful sources and are covered by an approved Wildlife Trade Operation. This amendment aims to facilitate sustainable fishing practices while ensuring compliance with environmental protection standards. The policy objective of this legislative instrument is to balance the needs of the fishing industry with the imperative to conserve biodiversity, reflecting a commitment to responsible environmental stewardship within the legislative framework of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, including native species, ecosystems, and heritage places of national and Commonwealth significance. Under this Act, the Minister for the Environment and Heritage has the authority to amend the list of exempt native specimens. In this instance, the Minister has amended the list to include specimens derived from fish or invertebrates taken in the Queensland East Coast Otter Trawl Fishery, provided these specimens do not belong to species listed under Part 13 of the Act. This amendment applies to entities and individuals involved in the fishery and is subject to the condition that the specimens were taken lawfully and are covered by an approved Wildlife Trade Operation declaration under Section 303FN of the EPBC Act. The jurisdictional reach of this amendment extends across the Commonwealth of Australia, but its application is specifically tied to the conditions and restrictions outlined by the Minister.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by adding certain specimens to the list of exempt native specimens under section 303DB of the Act. Specifically, specimens that are or are derived from fish or invertebrates, taken in the Queensland East Coast Otter Trawl Fishery, are now included in the list, provided they do not belong to species listed under Part 13 of the Act (subsection 303DC(1)). This amendment is subject to the condition that the specimens must have been taken lawfully and must be covered by a declaration of an approved Wildlife Trade Operation under Section 303FN of the Act. Under the Act, this amendment places certain obligations on the parties involved. It mandates that any specimens taken in the Queensland East Coast Otter Trawl Fishery and intended for exemption must be lawfully obtained. Furthermore, these specimens must be part of a declared Wildlife Trade Operation, as stipulated under Section 303FN of the Act. This ensures that the trade and handling of these specimens comply with the requirements set out in the Act, thereby maintaining the integrity of the fishery and biodiversity conservation efforts. Breaching the conditions set out in the amendment could lead to significant consequences. Although the legislative instrument does not explicitly state penalties for non-compliance, violations of the Act's provisions regarding wildlife trade operations and the handling of native specimens can result in substantial fines and potential imprisonment. For instance, under Section 474 of the Act, individuals found guilty of contravening certain provisions can face fines of up to $330,000 or imprisonment for up to five years, or both, if convicted in a court. Additionally, corporations may face even higher fines, reflecting the seriousness with which the Act treats non-compliance with its conservation and trade regulations.