Amendment of List of Exempt Native Specimens - Lakes and Coorong Fishery, SA (28/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) establishes a legislative framework aimed at protecting Australia's biodiversity and managing the impacts of human activities on the environment. The Act was enacted to address the need for a unified approach to environmental protection, conservation of biodiversity, and sustainable use of natural resources across the nation. This legislation was introduced by the Parliament of Australia, reflecting a policy objective to safeguard the environment and its biodiversity while facilitating economic activities in a sustainable manner. This particular legislative instrument amends the list of exempt native specimens under Section 303DB of the Act, adding specimens derived from fish or invertebrates taken in the South Australian Lakes and Coorong Fishery. This amendment is subject to certain conditions, including that the specimens are taken lawfully and are covered by an approved Wildlife Trade Operation declaration under Section 303FN of the Act. The primary aim of this amendment is to allow continued export of these specimens without the need for export permits, provided the fishery adheres to its Wildlife Trade Operation conditions. This legislative amendment seeks to streamline the export process while ensuring compliance with environmental and trade regulations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by F2005L03826, applies to fish and invertebrate specimens, excluding those from species listed under Part 13 of the Act, which are taken within the South Australian Lakes and Coorong Fishery. The Act's application is limited to specimens lawfully taken and subject to an approved Wildlife Trade Operation declaration under section 303FN of the EPBC Act. This legislative instrument exempts these specimens from trade control provisions that typically apply to regulated native specimens, thus permitting their export without requiring export permits, provided the Wildlife Trade Operation declaration remains in effect. The Act's geographic scope is limited to the South Australian Lakes and Coorong Fishery, and its application is contingent upon the fishery adhering to its Wildlife Trade Operation conditions. Should the declaration expire or be revoked, the exemption will no longer apply, and export of these specimens will require appropriate permits. This legislative instrument came into effect the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislation, as per Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999, establish a list of exempt native specimens. Specimens included on this list are exempt from the trade control provisions that apply to regulated native specimens. This amendment (F2005L03826) adds specific specimens to this list, namely those derived from fish or invertebrates taken in the South Australian Lakes and Coorong Fishery, provided they are not from species listed under Part 13 of the EPBC Act. These additions to the list are subject to certain conditions, which are detailed in Section 303DC of the Act. The Act imposes specific obligations and requirements on the parties involved. The specimens included in the list must be taken lawfully, and they must be covered by the declaration of an approved Wildlife Trade Operation (WTO) under section 303FN of the EPBC Act. This means that the fishery from which these specimens are derived must operate under WTO conditions. Any changes to the WTO conditions, such as the expiration or revocation of the WTO, will affect the continued exemption of these specimens from trade controls. Breaching the requirements of the WTO conditions can lead to serious consequences. Should the fishery fail to comply with the WTO conditions, the WTO may be revoked, leading to the removal of the specimens from the list of exempt native specimens. This would result in the need for export permits for these specimens, effectively halting their trade. The Act does not specify monetary penalties for breaches but implies that any failure to adhere to WTO conditions would result in the cessation of the exemption from trade controls. This would be a significant civil consequence for any entity involved in the trade of these specimens.