Amendment of List of Exempt Native Specimens - New South Wales Lobster Fishery (19/03/2012) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation is critical in addressing the problem of unregulated trade of native specimens that could potentially lead to biodiversity loss and ecosystem degradation. The Act establishes a framework for the conservation of biodiversity and the protection of the environment. One of its key provisions allows for the creation of a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. The problem this legislative instrument addresses is the need to refine the list of exempt native specimens to ensure more stringent controls over certain native species and their derivatives, thereby enhancing biodiversity protection. The enacting body responsible for this legislative instrument is the Parliament of Australia, and the policy objective is to better regulate the trade of native specimens in order to protect vulnerable species and ecosystems.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, as outlined in F2012L00688, pertains to the regulation of native specimens exempt from trade controls, specifically focusing on specimens derived from fish or invertebrates taken in the New South Wales Lobster Fishery. This amendment removes certain specimens from the list of exempt native specimens, applying to all individuals and entities engaged in the trade of these specimens within the defined fishery. The geographic reach of this amendment is limited to the Commonwealth level, particularly targeting activities within New South Wales. The exclusions from the amendment pertain to specimens belonging to species listed under Part 13 of the EPBC Act. The legislative process involved consultation with relevant stakeholders, including the New South Wales Department of Primary Industries, and public consultation via the Department of Sustainability, Environment, Water, Population and Communities’ website. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act) has been amended to adjust the List of Exempt Native Specimens under Section 303DC, which involves removing certain specimens from this list (Section 303DB). Specifically, the amendment removes specimens of fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, that are taken in the New South Wales Lobster Fishery, as defined under the Fisheries Management Act 1994 and its associated regulations. This change means that these specimens are no longer exempt from the trade control provisions applicable to regulated native specimens. The amendment process required the Minister for Sustainability, Environment, Water, Population and Communities to consult with relevant Commonwealth and state ministers, as well as other persons and organisations deemed appropriate (Section 303DC(3)). In this instance, the Delegate of the Minister consulted with the New South Wales Department of Primary Industries, given their management responsibilities for the fishery. Furthermore, the proposal was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website, inviting comments from interested parties for 22 business days, though no comments were received. Entities and individuals affected by these changes must now adhere to the trade control provisions that were previously inapplicable to the removed specimens. This includes ensuring compliance with any licensing, documentation, and monitoring requirements associated with the trade of these specimens. The amendment places an obligation on those involved in the trade of these specimens to stay informed of and comply with the updated regulations to avoid any inadvertent breaches. Failure to comply with the amended provisions of the EPBC Act may result in civil or criminal penalties. While the explanatory statement does not detail specific penalties, it is known that breaches of the EPBC Act can attract substantial fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as outlined in the Act. It is essential for entities and individuals to familiarise themselves with the new requirements to avoid facing these potential consequences.