Amendment of List of Exempt Native Specimens - New South Wales Abalone Fishery (28/09/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly in relation to biodiversity and matters of national environmental significance. The Act establishes a framework for the management of environmental impacts and the conservation of biodiversity. This legislation was introduced to address the need for a cohesive and comprehensive approach to environmental protection across Australia. The Parliament of Australia enacted this Act to ensure the sustainable use of natural resources and to protect the environment from significant adverse impacts. The policy objective of the Act is to balance environmental protection with economic and social considerations, ensuring that biodiversity and ecological processes are preserved for future generations. The Act plays a crucial role in safeguarding Australia's unique flora and fauna, and in mitigating the impacts of human activities on the environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, as detailed in F2010L02715, concerns the trade of native specimens, specifically fish or invertebrate specimens taken in the New South Wales Abalone Fishery, which are exempt from the trade control provisions that apply to regulated native specimens. The Act applies to entities involved in the export of these specimens, ensuring that they are derived from lawful catches and remain exempt until 30 June 2011. This legislative amendment revokes previous conditions subject to the inclusion of these specimens in the list of exempt native specimens on 30 November 2005 and imposes new conditions to maintain the exemption until the specified date. The decision to amend the list was informed by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability of the fisheries management arrangements is upheld. The Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Commonwealth and State Ministers, as well as other stakeholders, before making such amendments, as stipulated in subsection 303DC(3) of the EPBC Act. The New South Wales Department of Industry and Investment has been consulted and agrees with the proposed changes. This instrument is a legislative instrument under the Legislative Instruments Act 2003 and commenced on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislation, specifically F2010L02715, concern the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB of the EPBC Act establishes the list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. The amendment (section 303DC) revokes the conditions previously imposed on specimens taken from the New South Wales Abalone Fishery and introduces new conditions for their inclusion in the list of exempt native specimens. These conditions require that the specimens, or the fish or invertebrates from which they are derived, must have been taken lawfully, and that they remain included in the list until 30 June 2011. The obligations imposed by this Act on the parties involved primarily centre around ensuring that the specimens meet the criteria of being taken lawfully. This requirement extends to all entities involved in the collection, processing, and exportation of these specimens, ensuring they adhere to legal standards set forth by the Act. Furthermore, the Act mandates that these specimens remain exempt from trade controls until the specified date of 30 June 2011. Compliance with these conditions is crucial for maintaining the legality of the export activities related to these specimens. In terms of potential breaches and consequences, the Act does not explicitly detail specific offences or penalties within the provided text. However, given the legislative context of the EPBC Act, any non-compliance with the conditions set forth could potentially lead to enforcement actions by the relevant authorities. This could include administrative penalties, fines, or other legal actions as stipulated under the broader provisions of the EPBC Act. The exact penalties would depend on the nature and severity of the breach, as well as the specific regulations governing the trade and export of native specimens under Australian law.