Amendment of List of Exempt Native Specimens - Queensland East Coast Trochus Fishery (25/05/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, including biodiversity, and heritage places. This Act was introduced to address the need for a comprehensive approach to environmental protection, integrating ecological sustainability with economic and social considerations. The legislative instrument F2010L01490, which amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act, was enacted by the Minister for Environment Protection, Heritage and the Arts. The policy objective of this amendment is to facilitate the continued export of certain native specimens from the Queensland East Coast Trochus Fishery, while ensuring these activities comply with ecologically sustainable management practices. This amendment aims to balance the ecological considerations outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries with the regulatory requirements of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment concerning the List of Exempt Native Specimens applies to specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Queensland East Coast Trochus Fishery. This legislation operates nationally, as it pertains to the Commonwealth's responsibility for environmental protection and biodiversity conservation. The amendment revokes prior conditions for the exemption of these specimens, establishing new conditions that the specimens must be lawfully taken and remain listed until 3 June 2015. The changes are intended to facilitate continued exportation of these specimens within the specified timeframe, aligning with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Environment Protection, Heritage and the Arts was required to consult with relevant Commonwealth, state, and territory ministers before making the amendment, and the proposal was also advertised for public comment, although no comments were received. This legislative instrument adheres to the Legislative Instruments Act 2003.

Key Provisions

The primary operative sections of this legislative instrument are Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). Section 303DB establishes the 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, with the Minister for Environment Protection, Heritage and the Arts having the authority to consult with relevant ministers and other stakeholders before making such amendments. In this instance, the Minister has revoked the previous conditions attached to specimens from the Queensland East Coast Trochus Fishery and imposed new conditions, effective until 3 June 2015, allowing continued export of these specimens. The Act imposes specific obligations on the parties or entities it governs, particularly those involved in the trade of native specimens. Under Section 303DB, specimens included in the list of exempt native specimens are exempt from the trade control provisions that apply to regulated native specimens. The new conditions imposed under Section 303DC require that any specimens included in the list must be derived from fish or invertebrates taken lawfully, and they must belong to species not listed under Part 13 of the Act. Additionally, the Minister must consult with relevant ministers and other stakeholders before making any amendments to the list, as stipulated in Section 303DC(3). Failure to comply with the provisions of the EPBC Act may result in various consequences, including civil and criminal penalties. While the specific offences and penalties are not detailed in the Explanatory Statement, the Act generally provides for fines and imprisonment for breaches of its provisions. For example, Section 487 of the EPBC Act provides for a maximum penalty of 12 months imprisonment or a fine of up to $66,000 for offences related to the trade in native specimens. Additionally, Section 488 provides for a maximum penalty of 2 years imprisonment or a fine of up to $132,000 for more serious offences, such as those involving endangered species or significant harm to the environment. The Act also allows for the recovery of costs incurred by the government in enforcing the Act, as outlined in Section 490. In summary, the legislative instrument amends the list of exempt native specimens under the EPBC Act, revoking previous conditions and imposing new conditions that allow continued export of specimens from the Queensland East Coast Trochus Fishery until 3 June 2015. The Act imposes obligations on parties involved in the trade of native specimens, requiring them to ensure that specimens are derived from lawful sources and belong to species not listed under Part 13 of the Act. Failure to comply with the Act may result in civil and criminal penalties, including fines and imprisonment, with the specific penalties varying depending on the nature and severity of the offence.