Amendment of List of Exempt Native Specimens - Ocean Trawl Fishery, NSW (28/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the Australian environment, particularly in relation to biodiversity and the regulation of trade in native species. The Act provides a framework for the conservation of biodiversity and the sustainable use of natural resources. The explanatory statement outlines an amendment to the list of exempt native specimens under the EPBC Act, specifically adding certain specimens from the New South Wales Ocean Trawl Fishery to the list. These specimens are exempt from trade control provisions, allowing continued export without the need for export permits, provided that the fish or invertebrate was taken lawfully and the fishery operates under an approved Wildlife Trade Operation (WTO) declaration. This amendment aims to facilitate the continued export of these specimens while ensuring compliance with WTO conditions. The amendment was developed in consultation with relevant state and federal ministers and departments, including the New South Wales Minister for Primary Industries and the New South Wales Department of Primary Industries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment instrument, F2005L03842, modifies the List of Exempt Native Specimens as per section 303DC of the Act. This Act applies to specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the New South Wales Ocean Trawl Fishery. These specimens are exempt from trade control provisions applicable to regulated native specimens, provided they meet specific conditions. The inclusion of these specimens on the list of exempt native specimens is contingent on them being taken lawfully and covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. This amendment permits the continued export of these specimens without the need for export permits, as long as the wildlife trade operation declaration remains in force. Should the fishery's WTO declaration expire or be revoked, the exemption will no longer apply, and export would be prohibited. The amendment applies nationally within the Commonwealth of Australia and involves consultation with relevant ministers and departments, including the New South Wales Minister for Primary Industries and the New South Wales Department of Primary Industries.

Key Provisions

The main operative sections of this legislation pertain to the amendment of the List of Exempt Native Specimens under section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, Section 303DB of the Act provides for the establishment of a list of exempt native specimens, and this instrument adds certain fish and invertebrate specimens taken in the New South Wales Ocean Trawl Fishery to that list (Section 303DC). These additions to the list are subject to specific conditions, namely that the specimens must have been taken lawfully and must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery (Section 303DC(3)(b)). The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, any specimens added to the list must be taken lawfully, which implies adherence to all relevant local and federal laws governing the capture and handling of these specimens. Secondly, the specimens must be covered by a declaration of an approved Wildlife Trade Operation, meaning that the operation must comply with all the conditions set out in the declaration, including those related to sustainability, environmental impact, and trade practices. The wildlife trade operation must also remain in force for the specimens to remain exempt from trade controls; if the operation is revoked or expires, the specimens will no longer be exempt, and export will require an export permit. In terms of consequences for breach, the Act does not explicitly state the penalties for non-compliance with these provisions. However, general provisions within the EPBC Act outline that breaches of the Act can lead to civil and criminal penalties. Civil penalties can include fines of up to $1.1 million for corporations and $220,000 for individuals, depending on the severity and intent of the breach. Criminal penalties can include fines of up to $66,000 for individuals and more for corporations, as well as potential imprisonment. Given that the primary focus of this legislation is to ensure lawful and sustainable trade practices, any breaches could result in revocation of the Wildlife Trade Operation declaration, cessation of export activities, and other enforcement actions by relevant authorities.