Amendment of List of Exempt Native Specimens - Northern Territory Aquarium Fishery (12/12/2012) (inclusion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to biodiversity conservation and the regulation of trade in native specimens. This Act aims to prevent the decline of native species and ecological communities due to human activities. The legislative instrument F2012L02436, which amends the list of exempt native specimens under section 303DC of the EPBC Act, was introduced to address the need for continued export of certain fish and invertebrate specimens from the Northern Territory Aquarium Fishery without the requirement of export permits. The inclusion of these specimens in the list of exempt native specimens is subject to specific conditions, including lawful capture and coverage under an approved wildlife trade operation declaration. The policy objective is to facilitate sustainable management and trade of native specimens, while ensuring compliance with ecological sustainability criteria as outlined in the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. The instrument was developed following consultation with relevant authorities and public notice, ensuring transparency and inclusivity in the decision-making process.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment Instrument pertains to the inclusion of certain native specimens in the list of exempt native specimens, thus exempting them from trade control provisions applicable to regulated native specimens. Specifically, the amendment applies to specimens derived from fish or invertebrates taken in the Northern Territory Aquarium Fishery, provided they are not species listed under Part 13 of the EPBC Act or taxa listed under section 303CA. The inclusion is subject to conditions, such as the lawful taking of the specimens and coverage by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This amendment facilitates the continued export of these specimens without requiring export permits as long as the relevant declaration is in force. The jurisdictional reach of this legislation is federal, administered under the Commonwealth, and the amendment was made in consultation with the Northern Territory Department of Industry and Fisheries, reflecting the collaborative approach in managing fisheries sustainably as per the Australian Government’s guidelines.

Key Provisions

The main operative sections of the legislation, as stated, pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303DB and 303DC). Section 303DC of the EPBC Act provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This instrument specifically adds certain specimens derived from fish or invertebrates taken in the Northern Territory Aquarium Fishery to the list of exempt native specimens, subject to certain conditions. These conditions include that the specimens must be lawfully taken and be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The Act imposes certain obligations and requirements on the parties and entities it governs. Firstly, it mandates that the Minister for Sustainability, Environment, Water, Population and Communities consult with relevant Commonwealth ministers, state ministers, and other persons and organisations as deemed appropriate before amending the list of exempt native specimens (subsection 303DC(3)). Additionally, the proposal to amend the list must be advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website, and interested parties must be given an opportunity to comment for a period of 21 business days. In this instance, the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities consulted with the Northern Territory Department of Industry and Fisheries, which has management responsibility for the fishery concerned. No comments were received during the consultation period. In terms of offences, penalties, or consequences for breach, the legislation does not explicitly detail specific penalties for non-compliance with the provisions regarding the list of exempt native specimens. However, breaches of the EPBC Act in general could result in both civil and criminal penalties. For instance, contravening the trade control provisions for regulated native specimens may lead to criminal penalties, including fines and imprisonment. The maximum penalties can vary depending on the nature and severity of the breach, and would be determined according to the relevant provisions of the EPBC Act.