Amendment of List of Exempt Native Specimens - Queensland Fin Fish (Stout Whiting) Trawl Fishery (16/08/2011) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to biodiversity and matters of national environmental significance. This legislation is instrumental in addressing the problem of regulating and conserving Australia's unique biodiversity, including its native species and ecosystems, which are often vulnerable to various anthropogenic pressures. The Act was enacted by the Australian Parliament and aims to ensure that environmental considerations are integrated into decision-making processes that may affect the environment. This legislative instrument amends the list of exempt native specimens under the EPBC Act, removing certain fish and invertebrate specimens from the list of those exempt from trade controls, thereby reinforcing the regulation and conservation of native species, specifically those taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery. The amendment process involved consultation with relevant authorities and stakeholders, including Fisheries Queensland, and public comment was invited and considered before finalising the changes.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection and conservation of biodiversity and environmental heritage in Australia. This particular legislative instrument pertains to amendments of the list of exempt native specimens, affecting entities and individuals involved in the trade of such specimens. Specifically, it removes exemptions for specimens derived from fish or invertebrates, other than those from species listed under Part 13 of the Act, taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery. This change means that these specimens are now subject to the trade control provisions applicable to regulated native specimens. The instrument applies across the Commonwealth, impacting industries engaged in the trade of native specimens and ensuring compliance with national environmental standards. The amendment process involved consultation with relevant Commonwealth and state fisheries authorities, and public comment was solicited to ensure transparency and inclusiveness in the decision-making process.

Key Provisions

The primary operative sections of this legislation are Sections 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 not subject to the trade control provisions applicable to regulated native specimens. Section 303DC allows for the amendment of this list by the Minister for Sustainability, Environment, Water, Population and Communities. The instrument in question removes certain fish and invertebrate specimens taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery from the list of exempt native specimens, unless they belong to species listed under Part 13 of the Act. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, before amending the list of exempt native specimens, the Minister must consult with other relevant Commonwealth ministers and state or territory ministers as deemed appropriate. In this case, the Delegate of the Minister consulted with Fisheries Queensland due to their management responsibilities over the fishery in question. Additionally, the proposal to amend the list was advertised on the Department of Sustainability, Environment, Water, Population and Communities' website, and the public was invited to provide comments over a 24-business-day period. All comments received were taken into account in the final decision to include the fishery-derived specimens in the list of exempt native specimens. The legislation also outlines potential offences, penalties, or civil and criminal consequences for breach. However, the Explanatory Statement does not provide explicit information about the penalties for non-compliance with the provisions of this instrument. As a legislative instrument, the changes it implements would be subject to the general provisions of the EPBC Act, which may include civil or criminal penalties for breaches, depending on the nature and severity of the offence. It is essential to refer to the EPBC Act and any relevant regulations for detailed information on penalties and consequences for non-compliance.