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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This Act provides the framework for the protection of the environment, particularly in relation to the impacts of actions and activities that can affect the environment, including the regulation of trade in native specimens. Section 303DB of the EPBC Act facilitates the establishment of a list of exempt native specimens, which exempts certain specimens from the trade control provisions that apply to regulated native specimens. In line with this provision, the Act was amended to include specimens derived from the Queensland Blue Swimmer Crab Pot Fishery under the list of exempt native specimens, subject to specific conditions and restrictions. The amendment was made to allow the continued export of these specimens until 14 October 2015, with the decision to include them in the list being influenced by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant stakeholders before making the amendment, and the proposal was advertised for public comment, ensuring transparency and inclusivity in the legislative process.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities, including individuals, corporations, and government authorities, that engage in activities affecting the environment and biodiversity, particularly in terms of the trade of native specimens. Specifically, Section 303DB of the Act outlines the procedure for establishing a list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. The particular legislative instrument F2010L02706 amends the list of exempt native specimens to include specimens derived from fish or invertebrates taken in the Queensland Blue Swimmer Crab Pot Fishery, as defined under the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008, provided they do not belong to species listed under Part 13 of the EPBC Act. This exemption is subject to the conditions that the specimens were taken lawfully and remains in effect until 14 October 2015. The decision to include these specimens in the list was informed by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries and involved consultation with relevant stakeholders, including Fisheries Queensland, and public comment as required by the EPBC Act. This legislative instrument is binding and commenced on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) addresses the exemption of certain native specimens from trade control provisions that apply to regulated native specimens. According to this section, specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Queensland Blue Swimmer Crab Pot Fishery, are included in the list of exempt native specimens. This exemption allows for the continued export of these specimens until 14 October 2015, provided they meet specific conditions. Subsection 303DC(3) of the EPBC Act mandates that the Minister for Sustainability, Environment, Water, Population and Communities consult with relevant Commonwealth and state ministers before amending the list of exempt specimens. 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, given their management responsibilities over the fishery. The obligations imposed by this legislation on parties and entities include ensuring that the specimens or the fish or invertebrates from which they are derived were taken lawfully. This requirement aims to maintain the integrity and legality of the fishery and its exports. Additionally, all comments received during the consultation period on the Department of the Environment, Water, Heritage and the Arts' website were considered in the decision to include specimens from the fishery in the list of exempt native specimens. The inclusion of these specimens is also subject to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, which establish criteria for assessing the ecological sustainability of fisheries management arrangements. Failure to comply with the provisions of this legislation can lead to various civil and criminal consequences. Although specific offences, penalties, and maximum penalties are not detailed in the explanatory statement, non-compliance with the EPBC Act generally can result in substantial fines and potential imprisonment. The Act is enforced by the relevant authorities, and breaches may also lead to legal actions to recover costs associated with enforcement and compliance measures. The legislative instrument, registered under the Legislative Instruments Act 2003, commenced on the day after its registration on the Federal Register of Legislative Instruments, indicating its immediate applicability and enforceability.