Amendment of List of Exempt Native Specimens - Marine Aquarium Fish Fishery, QLD (27/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, seeks to protect and manage Australia's biodiversity and environment, including the regulation of the trade in native specimens. This Act aims to ensure that Australia's commitments under international environmental conventions and agreements are met. The 2005 legislative instrument amends the List of Exempt Native Specimens in accordance with Section 303DC of the Act, introducing specific exemptions for certain fish and invertebrate specimens derived from the Queensland Marine Aquarium Fish Fishery. This amendment was made to facilitate the continued export of these specimens without the need for export permits, provided that the specimens are taken lawfully and the fishery operates under an approved Wildlife Trade Operation. This change was implemented following consultation with relevant Ministers and the Queensland Department of Primary Industries and Fisheries, ensuring compliance with the EPBC Act and the terms of the approved WTO. This legislative instrument was issued under the authority of the Minister for the Environment and Heritage and is subject to the Legislative Instruments Act 2003. It commenced on the day after its registration on the Federal Register of Legislative Instruments, as per the requirements of the Act. The instrument carries a unique identifying number, EPBC303DC/SFS/2005/043, facilitating its identification and tracking within the legislative framework.

Scope and Application

The Environment Protection and Biodiversity Conservation Act, 1999, as amended by the legislative instrument F2005L03814, pertains to the exemption of specific native specimens from the trade control provisions that apply to regulated native specimens. This amendment specifically includes specimens that are, or are derived from, fish or invertebrates taken in the Queensland Marine Aquarium Fish Fishery, adding them to the list of exempt native specimens. This inclusion is conditional upon the specimen or the fish or invertebrate from which it is derived having been taken lawfully and being covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery. The primary aim of this amendment is to facilitate the continued export of these specimens without the need for export permits, provided the wildlife trade operation declaration remains in force and the fishery operates in compliance with its conditions. The jurisdictional reach of this amendment is national, as it applies across Australia under the Commonwealth's authority, while also consulting with relevant state and territory ministers to ensure alignment with local regulations and standards.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act, 1999, as amended by this legislation, pertain to the addition of certain specimens to the List of Exempt Native Specimens under Section 303DB. Specifically, the addition of specimens derived from fish or invertebrates taken in the Queensland Marine Aquarium Fish Fishery is addressed in Section 303DC. These additions are conditional upon the specimens being lawfully taken and covered by a declaration of an approved Wildlife Trade Operation under Section 303FN of the Act. This amendment facilitates the continued export of these specimens without the need for export permits, provided that the relevant Wildlife Trade Operation declaration remains in effect and the fishery adheres to its conditions. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, the specimens must be derived from fish or invertebrates taken lawfully within the Queensland Marine Aquarium Fish Fishery. Secondly, the fishery must operate in accordance with the conditions of the approved Wildlife Trade Operation declaration. If the declaration is revoked or expires, the specimens will no longer be exempt from trade control provisions, and export permits will be required. Additionally, the Queensland Department of Primary Industries and Fisheries must ensure compliance with these conditions and the ongoing validity of the Wildlife Trade Operation declaration. Failure to comply with the provisions of the Act can result in civil and criminal consequences. For instance, exporting specimens without the required declarations or in violation of the conditions set by the approved Wildlife Trade Operation can lead to penalties. Although the specific penalties are not detailed in this explanatory statement, breaches of the Act can generally result in substantial fines and, in some cases, imprisonment. The maximum penalties would depend on the specific nature and severity of the breach, as outlined in other sections of the Act. It is essential for those involved in the trade of these specimens to adhere strictly to the conditions and requirements to avoid these legal repercussions.