Amendment of List of Exempt Native Specimens - Offshore Net and Line Fishery, NT (28/11/2007)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly with respect to matters of national environmental significance. One of its key provisions is the regulation of the trade in native specimens, with certain specimens being subject to trade controls to prevent over-exploitation or other detrimental impacts. This Act was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and environment. The Australian Parliament enacted this legislation to establish a unified approach to environmental protection that aligns with national and international standards. The policy objective of the EPBC Act is to ensure the sustainable use of natural resources while protecting the environment from significant impacts. In accordance with section 303DC of the EPBC Act, certain specimens taken from fisheries in the Northern Territory, which are not listed under Part 13 of the Act, have been added to the list of exempt native specimens. This legislative instrument facilitates the continued export of these specimens without the need for export permits, provided the wildlife trade operation declaration is in force and the fishery operates in compliance with its conditions. This amendment reflects the Australian Government’s commitment to ecologically sustainable fisheries management, as outlined in the Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument was developed following consultations with relevant Ministers and the Northern Territory Department of Primary Industry, Fisheries and Mines, ensuring alignment with existing regulatory frameworks and stakeholder interests.

Scope and Application

The Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act) governs the protection of the environment and biodiversity, and this legislative instrument amends the List of Exempt Native Specimens under Section 303DC of the Act. Specifically, the instrument adds specimens derived from fish or invertebrates taken in the Northern Territory Offshore Net and Line Fishery to the list of exempt native specimens, provided these specimens are not from species listed under Part 13 of the EPBC Act. This addition allows for the continued export of these specimens without the need for export permits, as long as the specimens were taken lawfully and the fishery is operating under an approved Wildlife Trade Operation (WTO) declaration. The WTO declaration must remain in force, and the fishery must adhere to its WTO conditions; otherwise, the declaration will be revoked, and export of these specimens will no longer be permitted. The instrument applies to fisheries operating within the Northern Territory and is subject to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. It also applies to entities and persons involved in the export of these specimens, ensuring compliance with the EPBC Act and WTO conditions.

Key Provisions

The main operative sections of the legislation (Section 303DC) pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). Specifically, Section 303DC allows for the establishment of a list of specimens that are exempt from trade control provisions applicable to regulated native specimens. This amendment adds certain specimens derived from fish or invertebrates, taken in the Northern Territory Offshore Net and Line Fishery, to this list of exempt native specimens. These specimens are exempt from trade control provisions, provided they meet specific conditions. The Act imposes certain obligations and requirements on the parties or entities it governs. Firstly, the specimens, or the fish or invertebrates from which they are derived, must have been taken lawfully. Secondly, the specimens must be covered by a declaration of an approved Wildlife Trade Operation (WTO) under Section 303FN of the EPBC Act. This means that the fishery must continue to operate in accordance with its WTO conditions, or the WTO must be revoked. Should a WTO expire or be revoked, the declaration will no longer apply and the specimens will no longer be exempt from trade control provisions. The legislation outlines specific offences, penalties, or consequences for breach. If the specimens are not taken lawfully or if the WTO conditions are not met, the specimens will no longer be exempt from trade control provisions. This means that export of these specimens would require an export permit, and failure to comply could result in legal consequences. The exact penalties for breach are not specified in the text, but under the EPBC Act, breaches of trade control provisions can result in substantial penalties, including fines and imprisonment. The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments. This ensures that the legislative changes are legally binding and enforceable. The inclusion of the specimens on the list of exempt native specimens is intended to allow continued export of these specimens without requiring export permits, as long as the WTO declaration is in force and the fishery operates in accordance with its WTO conditions.