Amendment of List of Exempt Native Specimens - Northern Developmental Blue Swimmer Crab Fishery, WA (01/02/2006)

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 of the mechanisms through which this is achieved is by regulating the trade of native specimens. This is accomplished by establishing a list of regulated native specimens, which are subject to trade controls, and a list of exempt native specimens, which are not. This legislative instrument, F2006L00369, amends the list of exempt native specimens in accordance with section 303DC of the EPBC Act. The policy objective behind this amendment is to facilitate the continued export of certain specimens derived from fish or invertebrates, specifically those taken in the Western Australian Northern Developmental Blue Swimmer Crab Fishery, without requiring export permits. This amendment is contingent upon the specimens being lawfully taken and being covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The instrument was issued under the authority of the Minister for the Environment and Heritage and came into effect on the day after it was registered on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act, 1999, through the amendment of the List of Exempt Native Specimens, provides for the exemption of certain specimens from trade control provisions that would otherwise apply to regulated native specimens. This particular legislative instrument pertains to specimens that are or are derived from fish or invertebrates, specifically those taken in the Western Australian Northern Developmental Blue Swimmer Crab Fishery, with the condition that these specimens do not belong to species listed under Part 13 of the EPBC Act. The exemption applies to these specimens provided they were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act. This arrangement facilitates the continued export of these specimens without the requirement of export permits, contingent upon the validity of the Wildlife Trade Operation declaration and adherence to its conditions. If the declaration expires or is revoked, the exemption ceases, and exportation of these specimens would no longer be permitted. The instrument was developed following consultation with relevant state and federal ministers and departments, and it is effective from the day it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation, specifically sections 303DC and 303DB of the Environment Protection and Biodiversity Conservation Act 1999, allow for the creation and amendment of a list of exempt native specimens. Section 303DB establishes the list itself, while section 303DC enables amendments to this list. The instrument adds specimens from the Western Australian Northern Developmental Blue Swimmer Crab Fishery to the list of exempt native specimens, subject to specific conditions. These conditions include the lawful taking of the fish or invertebrates and the coverage by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. The Act imposes specific obligations on the parties involved. The specimens must be taken lawfully, ensuring compliance with relevant fishing regulations. Furthermore, the specimens are subject to the declaration of an approved Wildlife Trade Operation. This declaration is critical, as it permits continued export of these specimens without the need for export permits, provided that the declaration remains in force and the fishery adheres to the WTO conditions. If the WTO expires or is revoked, the specimens will no longer be exempt from the trade control provisions, and export permits will be required. In the event of non-compliance with the obligations outlined in the Act, there are potential civil and criminal consequences. Although the specific penalties are not detailed in the explanatory statement, breaches of the EPBC Act can generally result in significant fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant state or territory laws. The continued operation of the fishery under the WTO declaration is critical to maintaining the exemption status, and failure to comply with the WTO conditions could lead to revocation of the declaration, with consequent restrictions on the export of the specimens.