Amendment of List of Exempt Native Specimens - Eastern Tuna and Billfish Fishery - (24/02/2011) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address environmental protection and biodiversity conservation issues, providing a framework for the sustainable use of natural resources and the conservation of native species. This legislation is overseen by the Parliament of Australia, with the aim of safeguarding the nation's biodiversity and ensuring the sustainable use of its natural environment. The recent amendment to the list of exempt native specimens under section 303DC of the EPBC Act aims to refine the regulatory framework governing the trade of native specimens, particularly those derived from the Eastern Tuna and Billfish Fishery. This amendment was introduced to better align the regulatory provisions with current conservation priorities and stakeholder feedback, thereby improving the effectiveness of biodiversity conservation efforts. The decision to include the fishery in the list of exempt native specimens was made following appropriate consultation with relevant ministers and stakeholders, and all comments received during the consultation process were considered in finalizing the amendment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act, 1999, as amended by legislative instrument F2011L00324, pertains to the regulation of native specimens and their trade within Australia. This particular amendment concerns the list of exempt native specimens under Section 303DB, which exempts certain specimens from the trade control provisions that apply to regulated native specimens. Specifically, the amendment removes specimens derived from fish or invertebrates, except those belonging to species listed under Part 13 of the Act, taken in the Eastern Tuna and Billfish Fishery from the list of exempt native specimens. This change means that such specimens will now be subject to the trade control provisions applicable to other regulated native specimens. The amendment applies nationally across Australia, as it falls under the Commonwealth jurisdiction, and involves entities such as fisheries and possibly individual fishers who engage in the Eastern Tuna and Billfish Fishery. The legislative process involved consultation with relevant Commonwealth and state ministers, as well as the public, ensuring that diverse perspectives were considered before the amendment was finalised.

Key Provisions

The main operative sections of this legislation concern the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(3) outlines the process for altering the list of exempt native specimens, which includes removing certain specimens from the list (subsection 303DC(3)). In this instance, the specimens that are or are derived from fish or invertebrates, except those belonging to species listed under Part 13 of the Act, taken in the Eastern Tuna and Billfish Fishery are being removed from the list of exempt native specimens. The Act imposes several obligations and requirements on the parties it governs. First, the Minister for Sustainability, Environment, Water, Population and Communities must consult with other relevant ministers and stakeholders before making any amendments to the list. This includes consulting with other Commonwealth ministers, state ministers, and potentially self-governing territories, as well as other persons and organisations deemed appropriate by the Minister (subsection 303DC(3)). Additionally, the proposal to amend the list was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website, inviting comments from interested parties for a period of 22 days. The Department of Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority were also consulted, and all comments received were considered in the final decision. The legislation also includes provisions for potential offences and penalties for breaches. Although the specific penalties for non-compliance are not detailed in the text, it is implied that breaches of the EPBC Act could result in civil or criminal consequences. Typically, such breaches may lead to fines, imprisonment, or both, depending on the severity of the offence and the specific provisions of the Act being contravened. The exact penalties would be determined by the courts when adjudicating on specific cases. This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003, and it commenced on the day after it was registered on the Federal Register of Legislative Instruments.