Amendment of List of Exempt Native Specimens - Northern Territory Aquarium Fishery (12/12/2012) (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 Act was introduced to address the need for a comprehensive framework that governs environmental protection and biodiversity conservation in Australia. The Act was enacted by the Parliament of Australia, with a policy objective to effectively manage and conserve Australia's biodiversity and environmental heritage. The Act allows for the regulation of activities that have, will have, or are likely to have a significant impact on matters of national environmental significance. This legislative instrument amends the list of exempt native specimens under Section 303DB of the EPBC Act, specifically removing certain fish and invertebrate specimens from the Northern Territory Aquarium Fishery from the list of exempt specimens. The amendment was made following consultation with relevant stakeholders and the Northern Territory Department of Industry and Fisheries, and it is compatible with human rights and freedoms as recognised in international instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, as implemented by the legislative instrument F2012L02433, pertains to the regulation of trade in native specimens by modifying the list of exempt native specimens. Specifically, it removes certain specimens derived from fish or invertebrates taken in the Northern Territory Aquarium Fishery, unless these specimens belong to species listed under Part 13 of the EPBC Act. This amendment applies to individuals and entities engaged in the collection, trade, or transportation of these specimens within the specified fishery in the Northern Territory. The instrument does not extend beyond the Commonwealth jurisdiction and is limited to the specific conditions outlined. Before effecting these changes, the Minister for Sustainability, Environment, Water, Population and Communities was required to consult with relevant ministers and stakeholders, including the Northern Territory Department of Industry and Fisheries, and invite public comment, although no comments were received in this instance. This legislative instrument is consistent with human rights and freedoms as recognised in international instruments and commenced on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The key operative sections of the F2012L02433 legislative instrument concern the amendment of the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. This instrument specifically removes certain specimens from this list, namely fish or invertebrate specimens taken in the Northern Territory Aquarium Fishery, unless they are of species listed under Part 13 of the EPBC Act. This amendment aligns with the management regime defined under the Northern Territory Fisheries Act 1988 and the Northern Territory Fisheries Regulations 1993. The instrument ensures that these specimens, if not already listed under Part 13, are subject to the same trade controls as other regulated native specimens. The obligations imposed by this legislative instrument primarily focus on the consultation process mandated by Subsection 303DC(3) of the EPBC Act. Before amending the list, the Minister for Sustainability, Environment, Water, Population and Communities must consult with appropriate Commonwealth ministers and relevant state and territory ministers. In this case, the Delegate of the Minister consulted with the Northern Territory Department of Industry and Fisheries, which has management responsibility for the fishery in question. Furthermore, the proposal was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website to invite comments from interested parties for 21 business days, although no comments were received. This process ensures that relevant stakeholders are informed and have the opportunity to provide input before amendments are made. In terms of breaches and consequences, the legislative instrument does not specify any offences, penalties, or civil/criminal consequences for non-compliance with its provisions. However, any failure to adhere to the trade control provisions for regulated native specimens, as a result of this amendment, could potentially lead to penalties under the EPBC Act itself. Such penalties might include fines and, in severe cases, imprisonment, depending on the nature and severity of the offence. The specific penalties are outlined in the main body of the EPBC Act and would apply to any breaches occurring post-amendment.