Amendment of List of Exempt Native Specimens - Marine Aquarium Fish Managed Fishery, WA (11/10/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive protection of the environment and biodiversity in Australia. The Act provides a framework for the regulation of activities that may have a significant impact on the environment, including the regulation of the trade of native specimens. This particular legislative instrument, 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. The purpose of this amendment is to add certain specimens from the Western Australian Marine Aquarium Fish Managed Fishery to the list of exempt native specimens, facilitating their continued export without the requirement for export permits, provided the relevant wildlife trade operation declaration remains in force. The amendment was subject to consultation with relevant Ministers and the Department of Fisheries Western Australia, ensuring compliance with the Act's provisions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2005L03312, pertains to the addition of certain specimens to the list of exempt native specimens under section 303DB. Specifically, this amendment concerns specimens that are or are derived from fish or invertebrates harvested in the Western Australian Marine Aquarium Fish Managed Fishery. The primary objective of this inclusion is to facilitate the continued export of these specimens without the requirement for export permits, provided that the specimens meet certain conditions. These conditions include that the specimens, or the fish or invertebrates from which they are derived, must have been taken lawfully, and that they are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act in relation to the fishery. The exemption from trade control provisions will remain in effect only if the wildlife trade operation declaration remains in force, and the fishery continues to operate in compliance with its conditions. Should the wildlife trade operation declaration expire or be revoked, the specimens will no longer be exempt from the export permit requirements. This legislative instrument applies nationally and was developed following consultation with relevant ministers and the Department of Fisheries Western Australia.

Key Provisions

The Environment Protection and Biodiversity Conservation Act, 1999 (the Act) includes provisions to regulate the trade of native specimens, including fish and invertebrates. Section 303DB establishes a list of exempt native specimens which are not subject to the trade control provisions that apply to regulated native specimens. The Act has been amended to add certain specimens to this list of exempt native specimens, specifically those taken from the Western Australian Marine Aquarium Fish Managed Fishery (Section 303DC). This amendment permits the continued export of these specimens without the need for export permits, provided that the wildlife trade operation (WTO) declaration is in force and the fishery adheres to its WTO conditions (Section 303FN). Entities involved in the trade of these specimens, particularly those exporting them, must ensure compliance with the WTO declaration and the conditions specified under Section 303FN. This involves ensuring that the specimens were taken lawfully and that the WTO declaration remains valid. The continued operation of the fishery under its WTO conditions is crucial, as any failure to comply could result in the WTO being revoked, thereby removing the specimens from the list of exempt native specimens and prohibiting their export. The Act imposes specific obligations on parties engaged in the trade of these specimens. They must verify that the specimens were taken lawfully and that the WTO declaration is in effect. Additionally, the fishery must operate in strict accordance with the conditions set out in the WTO. Failure to maintain compliance with these conditions could lead to the revocation of the WTO declaration, which would, in turn, mean that the specimens would no longer be exempt from trade controls, and their export would be prohibited. Failure to comply with the provisions of the Act can result in various consequences, including civil and criminal penalties. The exact penalties are not specified in the explanatory statement, but under the general provisions of the Act, penalties can include substantial fines and, in some cases, imprisonment. The severity of the penalties would depend on the specific breach and the circumstances surrounding it. Therefore, entities involved in the trade of these specimens must ensure strict adherence to the Act’s requirements to avoid such consequences.