Amendment of List of Exempt Native Specimens - Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery, WA (24/02/2006)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was introduced to address the need for a comprehensive framework to protect Australia's environment, including its biodiversity and heritage, from the impacts of various activities. This legislation provides for the regulation of activities that have, or are likely to have, a significant impact on the environment. In this context, the Act includes provisions for the establishment of a list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. The legislative instrument, F2006L00647, issued under the authority of the Minister for the Environment and Heritage, amends the list of exempt native specimens in accordance with Section 303DC of the Act. This amendment adds specimens derived from fish or invertebrates, taken in the Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery, to the list of exempt native specimens, subject to certain conditions including that the specimens were taken lawfully and that the specimens are covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. The objective of this legislative instrument is to facilitate the continued export of these specimens without requiring export permits, as long as the relevant WTO declaration is in force and the fishery operates in accordance with WTO conditions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment Instrument pertains to the addition of specific specimens to the list of exempt native specimens, as detailed in Section 303DC of the Act. This legislative amendment applies to fish and invertebrate specimens, excluding those belonging to species listed under Part 13 of the Act, that are sourced from the Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery. The inclusion of these specimens in the exempt list is contingent upon two conditions: the specimens must have been taken lawfully, and they must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. The purpose of these amendments is to facilitate the continued export of these specimens without the requirement of export permits, provided that the relevant Wildlife Trade Operation declaration remains in effect and the fishery complies with the terms of the WTO. This legislative instrument applies to the Commonwealth and operates across Australia, impacting fisheries and related industries that engage in the trade of the specified specimens. The instrument took effect on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the F2006L00647 instrument, introduces modifications to the list of exempt native specimens under section 303DB of the Act (section 303DC). Specifically, this instrument adds specimens derived from fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act, taken in the Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery, to the list of exempt native specimens. These specimens are exempt from the trade control provisions that apply to regulated native specimens, provided they meet certain conditions. The inclusion of these specimens on the exempt list is contingent upon two key conditions. Firstly, the specimen or the fish or invertebrate from which it is derived must have been taken lawfully. Secondly, the specimens must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery. This means that continued export of these specimens without the need for export permits is permissible, provided the Wildlife Trade Operation (WTO) declaration remains in force. The fishery must adhere to the conditions of its WTO, or the WTO must be revoked. Should the WTO expire or be revoked, the declaration will no longer apply, and export of these specimens will no longer be permitted. The obligations imposed by this Act include ensuring that any specimens derived from fish or invertebrates taken in the specified fishery comply with the legal requirements for inclusion on the exempt list. This involves verifying that the specimens were taken lawfully and that the WTO declaration is in effect. Failure to meet these obligations could result in the specimens no longer being exempt from the trade control provisions, potentially leading to the need for export permits and other regulatory compliance measures. There are no specific offences, penalties, or civil/criminal consequences outlined in this instrument. However, the failure to adhere to the WTO conditions or to ensure that the specimens are covered by a valid WTO declaration could indirectly result in regulatory penalties under the EPBC Act. This could include fines, imprisonment, or other sanctions as provided under the broader regulatory framework of the Act, depending on the severity and nature of the breach.