Amendment of List of Exempt Native Specimens - Eastern Tuna and Billfish Fishery, Commonwealth (28/07/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, including native flora and fauna, through stringent controls on the trade of native specimens. This Act addresses the need for a cohesive regulatory framework to manage and protect biodiversity while allowing for sustainable economic activities. The Act was introduced by the Parliament of Australia, with a policy objective to ensure that environmental protection is integrated into decision-making processes across all levels of government. In line with this objective, the Act establishes a list of exempt native specimens to facilitate trade where it does not pose a significant risk to the environment or protected species. This legislative instrument amends the list of exempt native specimens to include certain specimens from the Eastern Tuna and Billfish Fishery, subject to specific conditions that ensure the lawful and sustainable harvesting of these resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument adds specific fish and invertebrate specimens taken in the Eastern Tuna and Billfish Fishery to the list of exempt native specimens, thus exempting them from the trade control provisions applicable to regulated native specimens. This amendment applies to specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the Act. The exemption is conditional upon the specimens being taken lawfully and covered by an approved Wildlife Trade Operation declaration. This legislative instrument is designed to facilitate the continued export of these specimens without the need for export permits, provided the relevant Wildlife Trade Operation declaration remains in force and the fishery operates within its approved conditions. Conversely, should the Wildlife Trade Operation declaration expire or be revoked, the exemption ceases, and export of these specimens would no longer be permitted. This amendment extends to the Commonwealth, states, and territories of Australia, and it is subject to consultation with relevant ministers and the Australian Fisheries Management Authority as mandated by the Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the regulation of trade in native specimens through the establishment of a list of exempt native specimens, as outlined in section 303DB. Section 303DC allows for the addition of specific specimens to this list, subject to certain conditions, which is the focus of this legislative instrument. This instrument specifically adds specimens that are or are derived from fish or invertebrates taken in the Eastern Tuna and Billfish Fishery, provided they are not species listed under Part 13 of the Act. These additions are subject to the condition that the specimens were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation (WTO) under section 303FN. This WTO must be in force to allow continued export of these specimens without the need for export permits. However, if the WTO expires or is revoked, the specimens will no longer be exempt, and export would require a permit. The Act imposes certain obligations on the parties involved in the trade of these specimens. Primarily, it requires that the specimens must be taken lawfully and that the fishery must operate in accordance with the conditions of the WTO declaration. Failure to comply with WTO conditions could result in the revocation of the WTO, which in turn would remove the specimens from the list of exempt native specimens. The Australian Fisheries Management Authority must also be consulted in the process of adding specimens to the list, as mandated by section 303DC(3)(c) of the Act. Furthermore, the Act requires consultation with relevant Ministers, as outlined in section 303DC, which was undertaken with the Minister for Forestry and Conservation, Senator the Hon Ian Macdonald. Breaching the conditions specified in the WTO or failing to comply with the requirements of the Act can lead to significant consequences. The WTO can be revoked if the fishery does not adhere to its conditions, which would result in the specimens no longer being exempt from trade control provisions. This could lead to a halt in the export of these specimens unless a new WTO is established or another form of permit is obtained. Under the Act, there are also potential civil and criminal penalties for non-compliance with the trade control provisions. The specific penalties are not detailed in this instrument but generally include fines and potential imprisonment, depending on the severity of the breach. The maximum penalties can vary, but they are intended to enforce compliance with environmental protection laws.