Amendment of List of Exempt Native Specimens - Queensland Blue Swimmer Crab Pot Fishery (12/10/2010) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment and biodiversity in Australia, including the regulation of the trade of native specimens. Under Section 303DB, the Act establishes a list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. The legislative instrument F2010L02714, registered on the Federal Register of Legislative Instruments, amends this list by removing specimens derived from fish or invertebrates taken in the Queensland Blue Swimmer Crab Pot Fishery, except those belonging to species listed under Part 13 of the Act. This amendment was necessitated by consultations with relevant stakeholders, including Fisheries Queensland, and public comment periods, ensuring a balanced approach to managing fishery practices and environmental protection. The enactment of this legislative instrument reflects the policy objective of refining the regulatory framework to better address specific environmental concerns while maintaining the overall integrity of the EPBC Act.

Scope and Application

The amendment to the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 pertains to the trade of native specimens taken in the Queensland Blue Swimmer Crab Pot Fishery. This legislative instrument targets specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, by removing them from the list of exempt native specimens. This change means that these specimens will no longer be exempt from the trade control provisions applicable to regulated native specimens, thus subjecting them to additional regulatory oversight. The instrument applies across the Commonwealth, ensuring a uniform approach to the regulation of these specimens. It is important to note that the Minister for Sustainability, Environment, Water, Population and Communities was required to consult relevant stakeholders, including Fisheries Queensland, before making the amendment, and the proposal was also advertised for public comment. The legislative instrument came into effect on the day it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the legislation (F2010L02714) involve amendments to the List of Exempt Native Specimens under Section 303DC of 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 removes specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Queensland Blue Swimmer Crab Pot Fishery from the list of exempt native specimens. In accordance with Section 303DC(3) of the EPBC Act, before amending the list, the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Commonwealth Ministers and state or territory ministers, as appropriate. In this case, the Delegate of the Minister consulted with Fisheries Queensland on behalf of the Minister for Primary Industries, Fisheries and Rural and Regional Queensland, as they have management responsibilities for the fishery in question. Additionally, the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts website, inviting comments from interested parties for a period of 26 days. All comments received were considered in the decision to include specimens derived from the fishery in the list of exempt native specimens. The obligations and requirements imposed by this Act include mandatory consultation with relevant authorities and stakeholders before amending the list of exempt native specimens. This ensures that all parties with vested interests in the fishery are consulted and have the opportunity to provide input on the proposed changes. The Act also mandates public advertisement of the proposal on the Department's website, allowing for broader public consultation. Any amendments to the list must take into account the feedback received during these consultation processes. For breaches of the provisions outlined in this Act, there are potential civil and criminal consequences. While the specific offences and penalties are not detailed in the Explanatory Statement, it is implied that failure to comply with the mandatory consultation requirements and public advertisement provisions could result in legal action. The maximum penalties for such breaches are not specified in the document but would typically be governed by the overarching provisions of the EPBC Act or other relevant legislation. Non-compliance could lead to fines, legal sanctions, or other enforcement actions as determined by the relevant authorities.