Amendment of List of Exempt Native Specimens - Northern Territory Aquarium Fishery, NT (29/06/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the Australian environment, particularly with respect to biodiversity and heritage, and to implement Australia's international environmental obligations. The Act was introduced to address the need for a comprehensive legal framework to protect and manage Australia's biodiversity and natural heritage, ensuring that environmental considerations are integrated into decision-making processes. This Act is administered by the Parliament of Australia, aiming to balance economic development with the preservation of the environment and biodiversity. In 2005, the Act was amended to update the List of Exempt Native Specimens under section 303DC, allowing certain specimens from the Northern Territory Aquarium Fishery to be exempt from trade control provisions, provided they were taken lawfully and are covered by an approved Wildlife Trade Operation declaration. This amendment was made to facilitate the continued export of these specimens without requiring export permits, as long as the conditions of the Wildlife Trade Operation remain in force. This legislative update was subject to consultation with relevant ministers and departments, ensuring that the amendments align with both national and territorial environmental policies and regulations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, issued under section 303DC, pertains to specimens that are, or are derived from, fish or invertebrates taken in the Northern Territory Aquarium Fishery. These specimens, when included on the list of exempt native specimens, are exempt from trade control provisions that apply to regulated native specimens. This amendment applies to entities or individuals involved in the aquarium trade, particularly those operating within the Northern Territory Aquarium Fishery. The geographic reach of this Act is national, as it falls under the Commonwealth jurisdiction, but its application is specifically relevant to operations within the Northern Territory. The exemption from trade control provisions is contingent upon the specimens being taken lawfully and being covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act. This instrument was developed following consultations with relevant ministers and the Northern Territory Department of Business, Industry and Resource Development. Any changes to the WTO declaration or the conditions of the fishery may result in the removal of these specimens from the list of exempt native specimens, thereby reinstating the need for export permits.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 Amendment, specifically section 303DC, provide for the amendment of the list of exempt native specimens under section 303DB. Section 303DB establishes a list of specimens that are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC allows for the addition of specimens to this list, provided that certain conditions are met. In this instance, the Act amends the list to include specimens from the Northern Territory Aquarium Fishery, subject to specific notations. The obligations and requirements imposed by this Act on the parties or entities it governs are centred around the lawful taking of fish or invertebrates and their subsequent derivation into specimens. For these specimens to be included on the list of exempt native specimens, they must be taken lawfully, as noted in section 303DC(3)(a). Additionally, the specimens must be covered by the declaration of an approved Wildlife Trade Operation (WTO) under section 303FN of the Act, as specified in section 303DC(3)(b). This requirement ensures that the fishery from which the specimens are derived must comply with the WTO conditions and that the WTO declaration remains in force. Failure to comply with the requirements set out in this Act may result in civil or criminal consequences. The Act does not specify the exact penalties for breaches, but under the Environment Protection and Biodiversity Conservation Act 1999, breaches of the Act can result in substantial fines and, in some cases, imprisonment. The maximum penalties depend on the nature and severity of the breach and are determined by the courts. It is important to note that non-compliance with WTO conditions or the revocation of the WTO declaration could result in the removal of the specimens from the list of exempt native specimens, thereby prohibiting their export without an export permit.