Amendment of List of Exempt Native Specimens - Queensland East Coast Inshore Fin Fish Fishery (13/11/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) was enacted to provide for the protection of the environment and the conservation of biodiversity. This legislation was introduced to address the need for a unified approach to environmental protection and biodiversity conservation across Australia. The EPBC Act was enacted by the Australian Parliament and aims to ensure that environmental protection and biodiversity conservation are integrated into decision-making processes. This particular legislative instrument amends the list of exempt native specimens under Section 303DC of the EPBC Act, allowing certain specimens derived from fish or invertebrates taken in the Queensland East Coast Inshore Fin Fish Fishery to be exempt from trade control provisions until 28 February 2009, provided they were taken lawfully. This amendment was made in consultation with relevant Queensland authorities and in line with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as implemented through legislative instrument F2008L04417, specifically targets specimens derived from fish or invertebrates taken within the Queensland East Coast Inshore Fin Fish Fishery, as outlined in the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008. This amendment exempts these specimens from the trade control provisions that normally apply to regulated native specimens under the Act, provided that the specimens were taken lawfully and are not from species listed under Part 13 of the EPBC Act. This exemption is temporary, lasting only until 28 February 2009, and is designed to facilitate the continued export of these specimens during this period. The inclusion of these specimens on the list of exempt native specimens was made in consultation with relevant Queensland authorities, as mandated by subsection 303DC(3) of the EPBC Act, and is aligned with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument took effect on the day it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the legislation are Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the framework for the list of exempt native specimens, which exempts certain specimens from trade control provisions that apply to regulated native specimens. Section 303DC outlines the process for amending this list. The legislation specifically amends the list to include specimens that are or are derived from fish or invertebrates taken in the Queensland East Coast Inshore Fin Fish Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. These inclusions are subject to the condition that the specimens were taken lawfully and are valid until 28 February 2009. The decision to include these specimens was influenced by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Act imposes several obligations and requirements on the parties involved. Firstly, any specimens included in the list of exempt native specimens must have been taken lawfully, as per the notations specified in the legislation. This means that the fishing activities from which these specimens are derived must comply with the relevant state and federal laws, specifically those under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008. Additionally, the Minister for Environment, Heritage and the Arts is required to consult with relevant stakeholders, including the Queensland Minister for Primary Industries and Fisheries and the Queensland Department of Primary Industries and Fisheries, before making any amendments to the list of exempt specimens. This ensures that the amendment process takes into account the management responsibilities and ecological sustainability of the fisheries involved. Breach of the provisions set out in the legislation can result in various civil and criminal consequences. Although the legislation does not explicitly state the penalties for non-compliance, general provisions under the EPBC Act may apply. For instance, individuals or entities found to be in breach of the trade control provisions for regulated native specimens could face substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the specific nature and severity of the breach, as well as any relevant state or territory laws. The ecological sustainability guidelines also serve as a benchmark, and failure to adhere to these could result in additional regulatory scrutiny or sanctions aimed at ensuring compliance with sustainable management practices.