Amendment of List of Exempt Native Specimens - New South Wales Ocean Trap and Line Fishery (01/11/2010) (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. One aspect of the EPBC Act involves the regulation of the trade of native specimens through a list of exempt specimens, which are not subject to the same trade control provisions as regulated native specimens. The legislative instrument F2010L02944 amends this list by removing specimens derived from fish or invertebrates taken in the New South Wales Ocean Trap and Line Fishery, except for those belonging to species listed under Part 13 of the EPBC Act. This amendment responds to concerns regarding the sustainability and conservation of marine resources within the fishery. The decision to amend the list was made following consultations with relevant ministers and stakeholders, including Industry and Investment New South Wales, and after considering public comments invited through the Department of Sustainability, Environment, Water, Population and Communities’ website. The instrument was registered on the Federal Register of Legislative Instruments and commenced on the subsequent day, formalising the change in the list of exempt native specimens under the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC pertains to the modification of the list of exempt native specimens, thereby affecting the regulatory framework for the trade of these specimens. Specifically, the amendment removes certain fish and invertebrate specimens, taken in the New South Wales Ocean Trap and Line Fishery, from the list of exempt native specimens unless they belong to species listed under Part 13 of the EPBC Act. This change means that these specimens will now be subject to trade control provisions that previously did not apply to them. The amendment applies to entities and persons involved in the trade of these specimens within Australia, impacting the relevant industries and conduct associated with these native specimens. Geographically, the amendment has a national reach as it involves the federal list under the Commonwealth’s EPBC Act. The amendment extends its application through subordinate instruments and involves consultation with relevant ministers and stakeholders, as mandated by subsection 303DC(3) of the EPBC Act, ensuring a thorough consideration of the implications before implementation.

Key Provisions

The primary operative sections of this legislation, under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), involve the amendment of the List of Exempt Native Specimens as per Section 303DC (paragraph 1). This particular amendment removes certain fish and invertebrate specimens, except those belonging to species listed under Part 13 of the EPBC Act, taken in the New South Wales Ocean Trap and Line Fishery from the list of exempt native specimens (paragraph 2). Subsection 303DC(3) of the EPBC Act stipulates that before making any amendments to the list, the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Commonwealth and state ministers, as well as other persons and organisations deemed appropriate (paragraph 3). Additionally, the proposal to amend the list was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website, inviting comments from interested parties for a period of 25 business days. Industry and Investment New South Wales was also consulted, and all comments received were taken into account in the decision to delete the fishery specimens from the list of exempt native specimens (paragraph 4). The obligations and requirements imposed by this legislation on the parties and entities it governs primarily involve compliance with the amended list of exempt native specimens, which now excludes certain fish and invertebrate specimens from the New South Wales Ocean Trap and Line Fishery (paragraph 5). Entities engaged in the trade of these specimens must adhere to the trade control provisions that apply to regulated native specimens, as they are no longer exempt (paragraph 6). The amendment process also includes a consultation period with relevant stakeholders, ensuring that all interested parties have the opportunity to provide input on the proposed changes (paragraph 7). There are no specific offences, penalties, or civil/criminal consequences mentioned for breach of this legislation in the provided text (paragraph 8). However, non-compliance with the trade control provisions for regulated native specimens could potentially result in penalties under the EPBC Act or other relevant legislation (paragraph 9). The maximum penalties for breaches of the EPBC Act can vary depending on the specific offence and circumstances, and may include fines, imprisonment, or both (paragraph 10). It is essential for parties and entities governed by this legislation to stay informed about their obligations and seek legal advice if necessary to ensure compliance.