Amendment of List of Exempt Native Specimens - Informally Managed Fishing Permits, Commonwealth (29/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment, particularly biodiversity, and to manage the trade of native specimens. This Act provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The EPBC Act was introduced by the Parliament of Australia, with the objective of conserving Australia’s biodiversity and managing the environmental impacts of human activities. The legislative instrument in question amends the list of exempt native specimens under Section 303DC of the Act, specifically adding certain specimens derived from fish or invertebrates taken under permit in the Commonwealth Informally Managed Fishing Permits, provided they meet specific conditions. This change facilitates the continued export of these specimens without the need for export permits, as long as the conditions of the approved wildlife trade operation declaration are met and the fishery operates in compliance with its terms.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, pursuant to section 303DC, specifies that specimens derived from fish or invertebrates taken under permit in the Commonwealth Informally Managed Fishing Permits are exempt from trade control provisions, provided they are not species listed under Part 13 of the EPBC Act. This amendment applies to entities involved in the trade of these specimens, including individuals and businesses engaged in fishing and wildlife trade operations. The geographic reach of this legislation is national, applying across the Commonwealth of Australia. It is important to note that this exemption is contingent upon the specimens being taken lawfully and being covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. Should the Wildlife Trade Operation declaration expire or be revoked, the exemption will no longer apply, and export permits will be required. This legislative instrument is subject to consultation with relevant Ministers and the Australian Fisheries Management Authority, ensuring compliance with the legislative requirements and environmental conservation objectives.

Key Provisions

The main operative sections of this legislative instrument (F2005L03825) are section 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 303DB provides for the establishment of a list of exempt native specimens, while section 303DC allows for the amendment of this list. This particular instrument amends the list to include specimens that are or are derived from fish or invertebrates taken under permit in the Commonwealth Informally Managed Fishing Permits, provided they are not species listed under Part 13 of the EPBC Act. These additions to the list are subject to specific notations, such as the requirement that the specimens were taken lawfully and are covered by an approved Wildlife Trade Operation declaration. The Act imposes certain obligations on the parties involved. The specimens must be taken lawfully and must comply with the conditions set out in the approved Wildlife Trade Operation declaration. The fisheries must continue to operate in accordance with the WTO conditions, and the declaration must remain in force. If a WTO expires or is revoked, the specimens will no longer be exempt from the trade control provisions, and export permits will be required. Non-compliance with these obligations could lead to significant legal consequences. In terms of consequences for breach, the Act does not explicitly detail specific offences or penalties for failure to comply with the provisions of this instrument. However, breaches of the Act or its regulations generally can lead to civil or criminal penalties. Civil penalties can include fines, while criminal penalties can include imprisonment, depending on the severity of the breach. The maximum penalties for breaches of the Act can be found in other sections of the legislation, and they vary widely depending on the specific offence.