Amendment of List of Exempt Native Specimens - Northern Territory Aquarium Fishery (24/06/2008) (inclusion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly by managing the impact of activities that may cause biodiversity loss or degradation of ecosystems. In 2008, the Act was amended through legislative instrument F2008L02306 to address a specific gap concerning the trade of certain native specimens taken from fisheries in the Northern Territory. The problem this amendment sought to resolve was the need to allow continued export of certain fish and invertebrate specimens from the Northern Territory Aquarium Fishery while ensuring compliance with ecological sustainability guidelines. The instrument was enacted by the Delegate of the Minister for Environment, Heritage and the Arts, who consulted with relevant Northern Territory authorities and invited public comment before making the decision. This legislative amendment aimed to facilitate the sustainable management of fisheries while balancing trade interests, as guided by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies to fish and invertebrate specimens taken in the Northern Territory Aquarium Fishery, as defined in the management regime under the Northern Territory Fisheries Act 1988 and Northern Territory Fisheries Regulations 1993. These specimens are exempt from the trade control provisions that apply to regulated native specimens under the EPBC Act, provided that they were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation. The exemption is subject to certain conditions and is intended to facilitate continued export until 27 June 2011. The Minister for Environment, Heritage and the Arts, who is responsible for the amendment, has consulted with relevant stakeholders including the Northern Territory Minister for Primary Industry, Fisheries and Mines and the Northern Territory Department of Primary Industry, Fisheries and Mines. The decision to include the specimens on the list of exempt native specimens was made after considering public comments invited via the Department of the Environment, Water, Heritage and the Arts’ website. This legislative instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains provisions for establishing a list of exempt native specimens (section 303DB). This legislative instrument amends that list to include certain fish and invertebrate specimens taken in the Northern Territory Aquarium Fishery, as defined under the Northern Territory Fisheries Act 1988 and Northern Territory Fisheries Regulations 1993. These specimens are exempt from trade control provisions, provided they meet two conditions: they must be taken lawfully and must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. This amendment allows continued export of these specimens until 27 June 2011, subject to these conditions. Entities and individuals involved in the trade or export of these specimens must ensure compliance with the requirements outlined in the Act. Specifically, they need to confirm that the specimens were taken lawfully and that they are covered by a declaration from an approved Wildlife Trade Operation. This includes adhering to the guidelines for ecologically sustainable management of fisheries as set by the Australian Government, which were considered in the decision to amend the list. The entities and individuals must also be aware of the specific notations and conditions applied to these specimens, ensuring that their activities do not contravene the provisions of the EPBC Act. Failure to comply with the requirements set out in the EPBC Act can lead to significant legal consequences. Under the Act, breaches of the trade control provisions for native specimens can result in both civil and criminal penalties. For corporations, the maximum penalty can include fines up to $360,000 for each offence, while individuals may face fines up to $72,000 for each offence. Additionally, individuals may face imprisonment for up to two years. These penalties underscore the importance of adhering to the legislative requirements and ensuring that all trade activities involving native specimens are conducted in compliance with the Act.