Amendment of List of Exempt Native Specimens - New South Wales Abalone Fishery (10/08/2011)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was amended through the legislative instrument F2011L01637 to modify the List of Exempt Native Specimens under section 303DC. This amendment was introduced to address the need for streamlined export processes for native specimens derived from the New South Wales Abalone Fishery, ensuring compliance with the EPBC Act while maintaining ecological sustainability. The amendment revokes previous conditions and imposes new ones, requiring that specimens be taken lawfully and covered by an approved wildlife trade operation declaration. This change was made in consultation with the New South Wales Department of Primary Industries and with public notice on the Department of Sustainability, Environment, Water, Population and Communities’ website. The objective of this amendment is to facilitate the continued export of these specimens without the need for export permits, provided the relevant declarations are in place.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, governed by the legislative instrument F2011L01637, pertains specifically to specimens that are or are derived from fish or invertebrates taken in the New South Wales Abalone Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. This legislation applies to entities involved in the trade of these specimens, such as fisheries and exporters, provided they comply with the conditions stipulated. The geographic reach of this Act is national, as it applies across Australia under the Commonwealth jurisdiction. The Act imposes specific conditions that the specimens must meet to be exempt from trade control provisions, namely that the specimens or the fish or invertebrates from which they are derived were taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. These conditions ensure that the continued export of these specimens can occur without the need for export permits, as long as the declaration is in force. The amendment reflects the Australian Government’s guidelines for the ecologically sustainable management of fisheries, ensuring that the trade practices align with environmental sustainability standards.

Key Provisions

The main operative sections of this legislation pertain to the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303DC). The Act revokes previous conditions that were subject to the inclusion of specimens derived from fish or invertebrates taken in the New South Wales Abalone Fishery. Instead, it imposes new conditions for inclusion in the list of exempt native specimens, namely that the specimens must be taken lawfully and must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery (section 303DB). These changes allow continued export of these specimens without requiring export permits, provided that the relevant declarations are in effect. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily concerned with the lawful taking of specimens and the necessity for these specimens to be part of a declared approved wildlife trade operation. For parties involved in the export of these specimens, it is imperative to ensure that they meet the criteria of lawful capture and are covered by the necessary declaration. This requirement is intended to facilitate the export process while maintaining ecological sustainability and regulatory compliance. The legislation also outlines the consequences for breaches of its provisions. While the specific offences, penalties, or civil/criminal consequences are not detailed within the explanatory statement, it is clear that non-compliance with the conditions for inclusion in the list of exempt native specimens could lead to legal repercussions. Given the nature of the Act and its focus on environmental protection and biodiversity conservation, breaches could potentially result in administrative penalties or other enforcement actions as stipulated under the EPBC Act. The maximum penalties for breaches of the EPBC Act generally can vary widely depending on the specific offence, but can include substantial fines and, in severe cases, imprisonment.