Amendment of List of Exempt Native Specimens - inclusion of reference to the Queensland Fisheries Regulations 2008, QLD (10/04/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment, including the regulation of activities that may impact biodiversity. This legislation was introduced by the Australian Parliament with the policy objective of ensuring the ecologically sustainable development and use of natural resources. The Act provides mechanisms to protect native flora and fauna, manage environmental impacts of activities, and conserve biodiversity. The instrument F2008L01096, which amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act, aims to align the EPBC Act with recent changes in Queensland fisheries regulations. This amendment ensures that the trade control provisions continue to operate effectively in light of the administrative updates in Queensland's fisheries management. The inclusion of these specimens in the list of exempt native specimens allows for continued export, reflecting the current regulatory framework while maintaining the ecological sustainability of the fisheries in question.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment Instrument amends the List of Exempt Native Specimens to incorporate certain native fish and invertebrate specimens taken within specified fisheries in Queensland. These specimens are exempt from the trade control provisions that apply to regulated native specimens. The amendment is made to align the EPBC Act with the Queensland Fisheries Regulations 2008, which replaced the repealed Queensland Fisheries Regulation 1995. This legislative instrument specifically includes specimens from the Queensland Coral Fishery, East Coast Pearl Fishery, Queensland Eel Fishery, Queensland Marine Specimen Shell Fishery, Queensland Mud Crab Fishery, and Queensland Spanner Crab Fishery on the list of exempt native specimens, ensuring continued export of these specimens until specified dates. The inclusion of these specimens on the list is based on the assessment that the amendments do not affect the ecological sustainability criteria established in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and came into effect on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislation (sections 303DB and 303DC) of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) establish the framework for listing exempt native specimens and amending such lists to reflect changes in Queensland's fisheries regulations. Under section 303DB, the list of exempt native specimens is created, which exempts these specimens from trade control provisions applicable to regulated native specimens. The inclusion of certain fish and invertebrate specimens from specific Queensland fisheries into this list is detailed in section 303DC, which permits the Minister to amend the list of exempt native specimens in alignment with changes in state legislation. The Act imposes specific obligations on parties involved in the trade of these exempt native specimens. For instance, parties must ensure that the specimens, or the fish and invertebrates from which they are derived, were taken lawfully, as per the notations specified in the Schedule. Additionally, the specimens must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act in relation to the fishery. These requirements ensure that the trade of these specimens complies with both the EPBC Act and the relevant Queensland fisheries regulations. Breaches of the provisions set out in the EPBC Act can lead to various civil, criminal, and administrative penalties. Under the EPBC Act, unauthorised actions such as the trade of specimens not included on the list of exempt native specimens may be subject to fines and imprisonment. Specifically, individuals and corporations can be fined up to AUD 5.5 million or three times the value of the benefit obtained from the offence, whichever is greater. Furthermore, persistent offenders may face ongoing fines and increased penalties, highlighting the importance of compliance with the Act's provisions.