Amendment of List of Exempt Native Specimens - North Coast Shark Fishery, WA (24/02/2006)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive protection of the environment, particularly in relation to biodiversity conservation and the management of species and ecological communities. This Act provides a framework for the conservation and protection of the natural environment, including the regulation of trade in native species. The legislation was introduced by the Australian Parliament to fill a critical gap in the regulation of trade and conservation of native species, ensuring that activities which may impact biodiversity are appropriately managed and controlled. The policy objective of the Act is to conserve Australia's biodiversity and protect its environment by regulating activities that may have a significant impact on matters of national environmental significance. The instrument in question, F2006L00651, amends the List of Exempt Native Specimens under section 303DC of the Environment Protection and Biodiversity Conservation Act 1999. It was issued under the authority of the Minister for the Environment and Heritage and aims to facilitate the continued export of certain fish and invertebrate specimens from the Western Australia North Coast Shark Fishery, provided they are taken lawfully and the fishery operates in accordance with its approved Wildlife Trade Operation declaration. This legislative instrument was developed following consultation with relevant Ministers and the Department of Fisheries, Western Australia, ensuring that the changes align with existing regulatory frameworks and conservation objectives. The instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens according to section 303DC concerns the regulation of native specimens, particularly those derived from fish or invertebrates taken in the Western Australia North Coast Shark Fishery. This amendment applies to specimens that are not part of species listed under Part 13 of the EPBC Act, provided they were taken lawfully and are covered by an approved Wildlife Trade Operation declaration under section 303FN. This legislative change allows for the continued export of these specimens without the need for export permits, as long as the conditions of the Wildlife Trade Operation are adhered to. The geographic reach of this amendment is specific to the waters of Western Australia North Coast Shark Fishery. The exclusions are explicitly those specimens belonging to species listed under Part 13 of the EPBC Act. This legislative instrument is a part of the Commonwealth’s legislative framework 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 (the Act) includes a provision (Section 303DB) that establishes a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. This instrument amends that list under Section 303DC by adding certain specimens to the exempt list (Section 303DC/SFS/2006/07). Specifically, it includes specimens derived from fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act, taken in the Western Australia North Coast Shark Fishery. These additions to the exempt list are contingent upon two main conditions: first, the specimen or the fish or invertebrate from which it is derived must have been taken lawfully, and second, the specimens must be covered by a declaration of an approved Wildlife Trade Operation (WTO) under Section 303FN of the EPBC Act in relation to the fishery. This means that as long as the WTO declaration remains in effect and the fishery continues to operate in accordance with the WTO conditions, the export of these specimens can proceed without the need for export permits. However, if the WTO expires or is revoked, the specimens will no longer be exempt, and export will no longer be permitted. Entities or individuals involved in the trade of these specimens must ensure compliance with the WTO declaration and maintain records to demonstrate lawful acquisition and adherence to the WTO conditions. Failure to comply with these requirements can result in the loss of the WTO declaration and the specimens' exemption status, potentially leading to legal and administrative repercussions. The Act imposes strict obligations on those involved in the trade of these specimens to ensure that they are sourced lawfully and that all WTO conditions are met. Non-compliance with these obligations can lead to penalties under the Act. Specifically, unauthorised dealings in wildlife, including the export of specimens that are not properly exempt, can result in civil penalties, including fines of up to $66,000 per offence for individuals and $330,000 per offence for corporations, as well as potential criminal penalties. Therefore, entities and individuals must meticulously adhere to the conditions outlined in the WTO declaration and the Act to avoid these legal consequences.