Amendment of List of Exempt Native Specimens - Queensland East Coast Beche-de-mer Fishery (29/11/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address environmental protection and biodiversity conservation issues within Australia. This Act provides a framework for the protection of the environment, particularly in relation to activities that may have a significant impact on matters of national environmental significance. The Act allows for the creation of a list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. In 2010, an amendment was introduced to the list of exempt native specimens in accordance with Section 303DC of the EPBC Act. This amendment was enacted by the Parliament of Australia and aimed to ensure the continued export of certain specimens until a specified date, in line with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The amendment involved revoking previous conditions and imposing new conditions that the specimens must be taken lawfully and remain exempt until 20 June 2011.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC modifies the conditions under which certain specimens are exempt from trade controls. Specifically, it pertains to specimens derived from fish or invertebrates taken in the Queensland East Coast Beche-de-mer Fishery, excluding those from species listed under Part 13 of the Act. This legislative amendment revokes the existing conditions imposed on these specimens and substitutes them with new conditions that the specimens must be lawfully taken and remain exempt until 20 June 2011. This change is designed to facilitate continued exportation of these specimens until the specified date. The decision to amend the list was influenced by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management arrangements for the fishery meet ecological sustainability criteria. The Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant stakeholders, including Fisheries Queensland, before implementing these amendments. The legislative instrument took effect on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation are Section 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. Section 303DC allows for the amendment of this list. This particular legislative instrument revokes certain conditions for the inclusion of specific specimens from the Queensland East Coast Beche-de-mer Fishery in the list of exempt native specimens and imposes new conditions. The new conditions state that the specimens must be taken lawfully and remain on the list until 20 June 2011. This Act imposes several obligations on the parties or entities it governs. Firstly, any specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, must be taken lawfully to be included in the list of exempt native specimens. Secondly, the specimens can only be included in the list until 20 June 2011. These obligations are in place to ensure that the continued export of these specimens does not harm the ecological sustainability of the fishery. The decision to include these specimens in the list was made considering the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. The legislation also includes provisions for penalties and consequences for breaches. While the specific penalties are not mentioned in the text, it is likely that breaches of the EPBC Act and its regulations could result in both civil and criminal penalties. These may include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions that have been contravened. The exact penalties would depend on the nature and extent of the breach, as well as any relevant case law or precedent. Before making any amendments to the list of exempt native specimens, the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Commonwealth ministers, state ministers, and other persons and organisations as deemed appropriate. In this case, the Delegate of the Minister consulted with Fisheries Queensland, as they have management responsibility for the fishery in question. This consultation process ensures that all relevant parties have an opportunity to provide input and that the decision to amend the list is well-informed and considers the potential ecological impacts. Finally, it is important to note that this instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003. It commenced on the day after it was registered on the Federal Register of Legislative Instruments. This registration process is an essential part of the legislative process, ensuring that the instrument is officially recognised and enforceable under Australian law.