Amendment of List of Exempt Native Specimens - Ocean Trap and Line Fishery, NSW (29/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework to protect and manage Australia’s biodiversity and environment. This Act provides for the regulation of activities that may have significant environmental impacts, including the trade of native specimens. In accordance with the Act, the list of exempt native specimens was amended to include certain specimens taken from the New South Wales Ocean Trap and Line Fishery, which are exempt from trade control provisions provided they are lawfully taken and covered by a declaration of an approved Wildlife Trade Operation (WTO). This legislative amendment aims to facilitate the continued export of these specimens without the need for export permits, as long as the WTO declaration remains in effect and the fishery complies with WTO conditions. This amendment reflects a policy objective to streamline trade processes while ensuring compliance with environmental protection standards. The legislative instrument, issued under the authority of the Minister for the Environment and Heritage, specifies that the specimens must be taken lawfully and must be part of a fishery covered by an approved WTO. The inclusion of these specimens in the list of exempt native specimens was subject to consultation with relevant Ministers and the New South Wales Department of Primary Industries. This legislative instrument was registered on the Federal Register of Legislative Instruments and commenced on the day following its registration, serving to formalise the exemption process and ensuring that exports of these specimens are conducted within the legal and environmental frameworks established by the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument modifies the list of exempt native specimens in accordance with Section 303DC of the Act. This amendment applies to specimens of fish and invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, that are taken in the New South Wales Ocean Trap and Line Fishery. The specimens are included on the list subject to certain conditions, namely that they were taken lawfully and are covered by an approved Wildlife Trade Operation declaration under section 303FN of the Act. The geographic reach of this amendment is specific to New South Wales and its ocean fisheries. This legislative instrument does not extend or restrict the application of the Act beyond what is specified, and it came into effect the day after its registration on the Federal Register of Legislative Instruments. This amendment facilitates the continued export of these specimens without the need for export permits, provided that the relevant Wildlife Trade Operation declaration remains in force and the fishery adheres to its conditions.

Key Provisions

The main operative sections of this legislation are Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes a list of exempt native specimens, exempting these specimens from the trade control provisions that apply to regulated native specimens. Section 303DC provides for the addition of specimens to this list and specifies the conditions under which these additions can occur. This instrument, F2005L03836, amends the list by adding specimens taken in the New South Wales Ocean Trap and Line Fishery, provided they meet certain criteria. The Act imposes several obligations and requirements on the parties involved. Firstly, the specimens must be taken lawfully, meaning they must comply with all applicable fishing and wildlife regulations. Secondly, the specimens must be covered by a declaration from an approved Wildlife Trade Operation (WTO) under Section 303FN of the EPBC Act. This WTO declaration ensures that the fishery operates in accordance with specific conditions that are designed to protect native species and biodiversity. Failure to comply with these WTO conditions can lead to the revocation of the WTO declaration, which would subsequently remove the specimens from the list of exempt native specimens, thereby requiring export permits for these specimens. The legislation also outlines the consequences for non-compliance. Although the specific penalties are not detailed in the explanatory statement, breaches of the EPBC Act can generally result in substantial fines and, in severe cases, criminal charges. The penalties can vary significantly depending on the nature and severity of the breach. For example, unlawful taking of specimens could result in fines up to $330,000 for individuals and $1.65 million for corporations, as per the general penalties outlined in the EPBC Act. Additionally, criminal charges could lead to imprisonment, with the exact terms being determined by a court. In summary, this legislative instrument adds certain specimens from the New South Wales Ocean Trap and Line Fishery to the list of exempt native specimens, subject to specific conditions. It imposes obligations on fisheries to ensure compliance with WTO declarations and lawful taking of specimens. Failure to adhere to these conditions can result in the removal of the specimens from the exempt list and potential penalties, including substantial fines and criminal charges.