Amendment of List of Exempt Native Specimens - Northern Territory Trepang Fishery (22/06/2011)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, introduced by the Commonwealth of Australia, was enacted to address the need for specific regulatory adjustments concerning the trade of certain native specimens, particularly those derived from fish or invertebrates within the Northern Territory Trepang Fishery. This amendment seeks to ensure that such specimens, excluding those belonging to species listed under Part 13 of the Act, remain exempt from the trade control provisions that apply to regulated native specimens, while imposing new conditions to govern their inclusion in the list of exempt native specimens. The purpose of these changes is to facilitate the continued export of these specimens until a specified date, 5 August 2011, while ensuring compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The enactment of this amendment reflects a policy objective to balance ecological sustainability with the practicalities of managing fisheries resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens targets specimens derived from fish or invertebrates taken within the Northern Territory Trepang Fishery, which were previously included in the list of exempt native specimens subject to specific conditions. The amendment, effective as of 13 January 2005, revokes the previous conditions and imposes new ones, including that the specimens must have been taken lawfully and remain included in the list until 5 August 2011. This legislative change allows for the continued export of these specimens within the specified timeframe. The amendment is applicable to entities engaged in the Northern Territory Trepang Fishery, ensuring compliance with the conditions set forth by the Act. The jurisdictional reach of this amendment is national, as it pertains to the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, reflecting a commitment to ecologically sustainable practices. The amendment process involved consultation with relevant Northern Territory authorities and a public comment period, which yielded no feedback, ensuring transparency and stakeholder engagement in the legislative process.

Key Provisions

The main operative sections of the legislation (Section 303DC) focus on the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DB 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 legislative instrument revokes the conditions that applied to the inclusion of certain specimens in the list of exempt native specimens and imposes new conditions. These conditions include that the specimen or the fish or invertebrate from which it is derived must have been taken lawfully and that the specimens are included in the list until 5 August 2011. The obligations and requirements imposed by this Act primarily pertain to the lawful taking of specimens. Entities and individuals involved in the collection, export, or trade of fish or invertebrate specimens from the Northern Territory Trepang Fishery must ensure that these activities comply with the new conditions. This means that any specimen taken must be legally sourced and that the specimens are considered exempt from trade controls only until 5 August 2011. The new conditions also reflect the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management of the fishery aligns with ecologically sustainable practices. Failure to comply with the conditions imposed by this Act may result in civil or criminal consequences. Although the specific offences, penalties, or consequences are not detailed in the explanatory statement, it is understood that breaches of the EPBC Act can lead to substantial penalties. Under the EPBC Act, penalties for breaches can include fines and imprisonment, with the exact penalties varying depending on the nature and severity of the breach. The Act allows for enforcement actions to be taken against individuals or entities that do not adhere to the specified conditions, thereby ensuring compliance with the legislative requirements. Before making these amendments, the Minister for Sustainability, Environment, Water, Population and Communities was required to consult with relevant stakeholders, including other Commonwealth ministers and ministers of each state and self-governing territory, as well as other persons and organisations deemed appropriate. In this case, consultation was conducted with the Northern Territory Department of Resources, which has management responsibilities for the fishery concerned. Additionally, the proposal to amend the list of exempt native specimens was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website, and comments were invited from interested parties for a period of 24 business days. No public comments were received, indicating a lack of opposition or feedback from the public regarding the proposed changes.