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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a comprehensive framework for the protection of the environment and biodiversity in Australia. This legislation aims to address gaps in existing environmental laws by offering a national approach to managing environmental issues that transcend state borders, such as the conservation of threatened species and ecosystems. The Act was introduced by the Australian Parliament to ensure the protection of the environment and biodiversity is achieved in a coordinated and effective manner across all jurisdictions. The policy objective of the EPBC Act is to balance environmental protection with sustainable development, ensuring that economic activities do not significantly harm the environment or biodiversity. The legislative instrument F2008L02307 amends the List of Exempt Native Specimens (LENS) under Section 303DC of the EPBC Act. This amendment removes certain specimens from the LENS that are or are derived from fish or invertebrates taken in the Northern Territory Spanish Mackerel Fishery, except those belonging to an eligible listed threatened species. This change is necessary to align with a new addition to the LENS that specifically excludes all Part 13 species (whales and other cetaceans and threatened, marine and migratory species) from being included in the LENS. The amendment was made after appropriate consultations with relevant stakeholders and public notice, ensuring transparency and inclusivity in the decision-making process.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by this legislative instrument, governs the management of native specimens and their trade. Specifically, the instrument modifies the List of Exempt Native Specimens (LENS) under section 303DC, which exempts certain native specimens from the trade control provisions that apply to regulated native specimens. This change involves the deletion of specimens from the LENS that are or are derived from fish or invertebrates taken in the Northern Territory Spanish Mackerer Fishery, except those belonging to an eligible listed threatened species. The deletion is made to ensure clarity and precision in the regulatory framework surrounding the fishery. The amendment excludes all Part 13 species, including whales, cetaceans, and other threatened, marine, and migratory species, from being included on the LENS. This amendment is applicable nationwide, as the EPBC Act operates at the Commonwealth level. The instrument was developed following consultation 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, as well as public consultation via the Department of the Environment, Water, Heritage and the Arts’ website.

Key Provisions

The primary operative sections of the amendment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relate to the List of Exempt Native Specimens (LENS) as outlined in section 303DB. This amendment, specifically detailed in section 303DC, focuses on modifying the list to exclude certain specimens from the Northern Territory Spanish Mackerel Fishery, except for those belonging to an eligible listed threatened species. This change is significant as it ensures that the trade control provisions applicable to regulated native specimens are not circumvented through exemptions. The amendment, referenced under section 303DC(1)(b), removes specific specimens from the LENS list and introduces a new entry that explicitly excludes Part 13 species, including whales, cetaceans, and other threatened, marine, and migratory species from being included on the LENS. The Act imposes several obligations on the parties involved, primarily concerning the management and regulation of native specimens within the specified fishery. The Minister for Environment, Heritage and the Arts, or their delegate, must consult 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. These consultations are mandated to ensure that the amendments reflect the fishery's management responsibilities and considerations. Additionally, the proposal to amend the LENS was advertised on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website, inviting public comment for a 20-day period. This ensures transparency and allows for stakeholder input before finalizing the amendment. The legislation also outlines potential consequences for non-compliance with the provisions of the EPBC Act. Although specific penalties are not detailed in the text provided, breaches of the Act generally result in civil or criminal penalties. These penalties may include fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any precedents set by previous cases under the Act. The amendment, as a legislative instrument, is subject to the provisions of the Legislative Instruments Act 2003, ensuring it is properly registered and effective from the day after its registration on the Federal Register of Legislative Instruments.