Amendment of List of Exempt Native Specimens - Queensland East Coast Spanish Mackerel Fishery (20/10/2010)

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, and to establish a framework for the conservation of biodiversity. One of its provisions, Section 303DB, establishes a list of exempt native specimens which are exempt from the trade control provisions that apply to regulated native specimens. The legislation was introduced to address the need for a comprehensive approach to environmental protection and biodiversity conservation in Australia, aiming to ensure that economic activities do not significantly harm the environment. The Act was enacted by the Parliament of Australia, reflecting a policy objective to balance economic development with environmental sustainability. In accordance with Section 303DC of the EPBC Act, an amendment to the list of exempt native specimens was made, revoking previous conditions for specimens taken in the Queensland East Coast Spanish Mackerel Fishery and imposing new conditions. This amendment aims to facilitate continued export of these specimens until 28 February 2011, provided they are taken lawfully. The decision to include these specimens in the list of exempt native specimens was 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, including Fisheries Queensland, and invited public comment on the proposal, although no comments were received.

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 existing list of specimens exempt from trade control provisions, which applies to entities and individuals involved in the export of native specimens. This legislation specifically targets specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, that are taken within the Queensland East Coast Spanish Mackerel Fishery. The changes serve to revoke previous conditions imposed on these specimens and establish new conditions, including the requirement that the specimens must be taken lawfully and that their inclusion in the list is contingent until 28 February 2011. This legislative amendment allows for the continued export of these specimens, facilitating compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The process of amending the list required consultation with relevant Commonwealth ministers, state ministers, and Fisheries Queensland, alongside a public comment period, although no comments were received in this instance. The instrument operates under the legislative framework set by the Legislative Instruments Act 2003 and came into effect upon registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the legislation concern the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB provides for the establishment of a list of exempt native specimens, and section 303DC allows for the amendment of this list. The current instrument revokes the conditions previously placed on the inclusion of specimens taken in the Queensland East Coast Spanish Mackerel Fishery and imposes new conditions (sections 303DB and 303DC). The new conditions state that these specimens are exempt from trade controls as long as they were taken lawfully and are included in the list until 28 February 2011. The Act imposes certain obligations on the parties involved. It requires that any specimens included in the list of exempt native specimens must have been taken lawfully. This means that the fishing activities from which the specimens are derived must comply with all relevant laws and regulations. Furthermore, the inclusion of these specimens in the list is subject to the condition that they remain exempt until 28 February 2011. This timeframe ensures that the exemption applies for a specific period, after which the specimens may no longer be exempt from the trade control provisions. There are potential consequences for breaches of the provisions outlined in this legislation. While the explanatory statement does not specify particular offences or penalties, breaches of the EPBC Act generally may result in civil or criminal penalties. Under the Act, penalties for contravening trade control provisions can include substantial fines and, in some cases, imprisonment. For example, individuals may face fines of up to $550,000 and/or imprisonment for up to five years, while corporations may be fined up to $2.75 million. These penalties underscore the importance of compliance with the Act’s provisions regarding the trade of native specimens.