Amendment of List of Exempt Native Specimens - Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery (25/11/2010) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment, particularly focusing on biodiversity and ecosystems of national and global significance. This Act provides a framework for the protection of the environment from adverse impacts of proposed actions by imposing stringent requirements for assessment and approval of such actions. The Act was introduced by the Australian Parliament, aiming to establish a robust legislative mechanism for safeguarding the environment, particularly in the context of development and conservation. The policy objective behind the Act is to ensure that development activities are balanced with environmental protection, thereby promoting sustainable use of natural resources. In accordance with Section 303DC of the EPBC Act, this legislative instrument amends the List of Exempt Native Specimens to exclude certain fish and invertebrate specimens taken in the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery from the exemptions that apply to regulated native specimens. This amendment was made following consultations with relevant stakeholders, including Fisheries Queensland, and after inviting public comment on the proposed changes.

Scope and Application

The F2010L03124 instrument pertains to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and modifies the List of Exempt Native Specimens as per Section 303DC. This amendment specifically targets specimens that are, or are derived from, fish or invertebrates taken in the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery, except for those specimens belonging to species listed under Part 13 of the Act. The Act applies to these specimens, altering their status from exempt to regulated under the trade control provisions. The instrument applies nationally, as it is part of the Commonwealth’s legislative framework. It is pertinent to note that the amendment process involved consultations with relevant stakeholders, including Fisheries Queensland, and a public comment period, ensuring a collaborative approach in decision-making. The instrument effectively commenced the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislation (F2010L03124) involve the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). According to Section 303DB, the list of exempt native specimens is established, and any specimens included in this list are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument specifically targets the removal of certain fish or invertebrate specimens from the list of exempt native specimens, except for those belonging to species listed under Part 13 of the Act, and taken within the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery (Section 303DC(3)). This amendment ensures that these particular specimens are no longer exempt from the trade control provisions and are subject to the regulations outlined in the EPBC Act. The obligations and requirements imposed by this Act on the parties or entities it governs include mandatory consultation with relevant ministers and authorities, as well as inviting public comment on proposed amendments. As stated in the explanatory statement, the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities consulted with Fisheries Queensland, which has management responsibility for the concerned fishery. Furthermore, the proposal to amend the list of exempt native specimens was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website, and comments were invited from interested individuals for a period of 22 business days. All comments received were considered in the decision to delete the specimens derived from the fishery in the list of exempt native specimens. The consequences for breach of this legislation are not explicitly stated in the text. However, it is reasonable to assume that non-compliance with the provisions of the EPBC Act, including failure to adhere to the amended list of exempt native specimens, may result in civil or criminal penalties, depending on the nature and severity of the breach. These penalties may include fines, imprisonment, or other consequences as prescribed by the relevant legislation. It is essential for parties or entities governed by this Act to understand and comply with its provisions to avoid any potential legal ramifications.