Amendment of List of Exempt Native Specimens - Lobster Fishery, NSW (29/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the Australian environment, including biodiversity conservation. The Act provides a framework for the protection of the environment, including native species and ecosystems, by regulating activities that may impact them. One aspect of the Act is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. In accordance with Section 303DC of the Act, the list of exempt native specimens was amended to include certain fish and invertebrate specimens taken in the New South Wales Lobster Fishery, subject to certain conditions. This amendment was made to allow continued export of these specimens without requiring export permits, provided the specimens were taken lawfully and the fishery is operating in accordance with its approved Wildlife Trade Operation declaration. The policy objective of this amendment is to facilitate legitimate trade activities while ensuring compliance with environmental protection and biodiversity conservation requirements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by this legislative instrument, pertains specifically to specimens derived from fish or invertebrates taken in the New South Wales Lobster Fishery. These specimens are exempt from the trade control provisions applicable to regulated native specimens, provided they are derived from species not listed under Part 13 of the EPBC Act. The exemption is contingent on the specimen being taken lawfully and being covered by a declaration under an approved Wildlife Trade Operation (WTO) as per section 303FN of the EPBC Act. This legislative amendment allows for the continued export of such specimens without the need for export permits, subject to the conditions of the WTO declaration being in force. The geographic scope of this Act is limited to the waters of New South Wales, with the exemption applying specifically within the boundaries of the New South Wales Lobster Fishery. The Act ensures that the fishery must operate in accordance with its WTO conditions, and any failure to do so may result in the revocation of the WTO declaration, thereby nullifying the exemption and prohibiting the export of the specimens.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) outlines provisions for the management and conservation of native species, including mechanisms for regulating trade in these species. Section 303DB of the Act establishes a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument amends the list to include certain specimens taken in the New South Wales Lobster Fishery, subject to specific conditions. These conditions are that the specimens must be taken lawfully, and they must be covered by a declaration of an approved Wildlife Trade Operation (WTO) under section 303FN of the Act. This amendment allows for the continued export of these specimens without the need for export permits, provided the WTO declaration remains in force and the fishery operates in accordance with WTO conditions (Section 303DC). Should the WTO declaration expire or be revoked, the specimens will no longer be exempt, and export permits will be required. The Act imposes several obligations on parties involved in the trade of native specimens. The specimens added to the list must meet the criteria of being taken lawfully and being covered by a WTO declaration. Fisheries and exporters must ensure that all specimens comply with these conditions and that any WTO declarations are current and valid. The New South Wales Lobster Fishery must continue to operate under the terms of its WTO declaration, or face the loss of the exemption status for the specimens. Failure to adhere to these conditions could result in the specimens no longer being exempt from trade control provisions, which could have significant implications for exporters and the fishery. Breaches of the provisions under the Act can result in significant consequences. If the specimens are exported without meeting the required conditions or if the WTO declaration is not valid, it may constitute an offence under the Act. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines up to a maximum of $22,200 per breach for individuals and $111,000 for corporations, as stipulated under the Act. Criminal penalties may also apply, with maximum fines of $550,000 for individuals and $2,750,000 for corporations, in addition to potential imprisonment terms. The exact penalties depend on the specific nature and severity of the breach, but the Act is clear in its intent to enforce compliance to protect native species and their habitats.