Amendment of List of Exempt Native Specimens - Queensland East Coast Spanish Mackerel Fishery (16/02/2011)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. One of the ways in which the EPBC Act achieves this is through the regulation of the trade of native specimens, with certain specimens being subject to trade controls. However, certain specimens may be exempt from these controls, as outlined in Section 303DB of the Act. The legislation in question, F2011L00294, is an amendment to the list of exempt native specimens, made in accordance with Section 303DC of the EPBC Act. The amendment was made by the Minister for Sustainability, Environment, Water, Population and Communities, and was enacted by the Parliament of Australia. The amendment was made to allow for the continued export of certain specimens until 1 September 2011, with the criteria for inclusion in the list of exempt specimens being based on the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The amendment was made after consultation with relevant stakeholders, including Fisheries Queensland, and after a public consultation period. The amendment revokes the previous conditions for the inclusion of certain specimens in the list of exempt native specimens, which required the specimens to be taken lawfully and to remain in the list until 28 February 2011. The new conditions require the specimens to be taken lawfully and to remain in the list until 1 September 2011. The amendment was made in accordance with the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, specifically as regulated under section 303DC, pertains to the modification of conditions governing the inclusion of certain native specimens on the list of exempt items from trade control provisions. This amendment applies to specimens that are exempt from the trade regulations that apply to regulated native specimens, provided that the specimens or the fish and invertebrate from which they are derived were taken lawfully. The exemption is applicable until 1 September 2011, and the revision of the conditions aims to facilitate the continued exportation of these specimens until the specified date. The legislative changes were made after due consideration of the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, which were adhered to in evaluating the ecological sustainability of the relevant fisheries management arrangements. This legislative instrument is subject to the consultation requirements outlined in subsection 303DC(3) of the EPBC Act, mandating consultation with appropriate ministers and stakeholders such as Fisheries Queensland, and it was also publicly advertised for comment, though no comments were received. This legislative instrument commenced on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislation (F2011L00294) pertain to the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This amendment specifically involves the removal of conditions previously attached to the inclusion of certain specimens in the list of exempt native specimens, and the imposition of new conditions that extend the exemption period until 1 September 2011. This change allows for the continued export of these specimens under specific legal conditions, which are that the specimens must have been taken lawfully and the exemption applies until the specified date (sections 303DC(3)). The Act imposes certain obligations on the parties or entities it governs, primarily relating to the lawful acquisition and handling of specimens. Those involved in the trade of these exempt native specimens must ensure that the specimens were taken in accordance with the law, which includes adherence to relevant fishing regulations and sustainability guidelines. Additionally, the Act requires that any changes to the list of exempt native specimens be subject to consultation with relevant stakeholders, such as Fisheries Queensland, and that any proposals to amend the list be advertised and open to public comment for a specified period (section 303DC(3)). In this case, Fisheries Queensland was consulted, and no public comments were received during the advertised consultation period. Under this legislation, breaches of the conditions specified in the list of exempt native specimens could result in civil or criminal consequences. The precise nature and severity of these consequences would depend on the specific breach and relevant legal frameworks, though the EPBC Act generally provides for significant penalties for non-compliance with its provisions. The maximum penalties for offences under the EPBC Act can include substantial fines and, in some cases, imprisonment, depending on the severity and intent of the offence. It is important for entities and individuals to fully comply with the legal requirements to avoid potential legal repercussions.