Amendment of List of Exempt Native Specimens - Queensland Gulf of Carpentaria Inshore Fin Fish Fishery (21/09/2012) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This Act provides a framework for the protection of the environment, particularly focusing on matters of national environmental significance. One aspect of this legislative effort is the management of the trade of native specimens, with Section 303DB allowing for the establishment of a list of exempt native specimens that are not subject to the trade control provisions that apply to regulated native specimens. In 2012, a legislative instrument was introduced to amend the list of exempt native specimens, specifically removing certain fish and invertebrate specimens taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery from this list, unless they belong to species listed under Part 13 of the Act. The decision to amend the list was preceded by consultations with relevant stakeholders, including Fisheries Queensland, as mandated by the Act. This legislative instrument, F2012L01911, was enacted to refine the regulation of native specimen trade, ensuring alignment with conservation objectives and fishery management responsibilities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, including native flora and fauna, and their habitats, across Australia. This particular legislative instrument amends the list of exempt native specimens under Section 303DB of the EPBC Act, impacting the trade control provisions for regulated native specimens. Specifically, it removes from the list of exempt native specimens those derived from fish or invertebrates, except for those belonging to species listed under Part 13 of the Act, that were taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery. This change ensures that these specimens are now subject to the same trade controls as other regulated native specimens, enhancing the protection and management of these resources within the specified fishery. The amendment came into effect on 25 September 2012, and the Minister for Sustainability, Environment, Water, Population and Communities undertook appropriate consultations with relevant stakeholders, including Fisheries Queensland, prior to making the change.

Key Provisions

The main operative sections of the legislation involve amendments to the list of exempt native specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, the legislation removes certain specimens from the list of exempt native specimens. These specimens are those that are or are derived from fish or invertebrates, except those belonging to species listed under Part 13 of the Act, which are taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery. This amendment means that these specimens will no longer be exempt from the trade control provisions that apply to regulated native specimens, thereby subjecting them to additional regulatory oversight (Section 303DC). The obligations and requirements imposed by this Act are centred on ensuring that the Minister for Sustainability, Environment, Water, Population and Communities consults with relevant parties before making amendments to the list of exempt native specimens. In accordance with Subsection 303DC(3) of the EPBC Act, the Minister must consult with other Commonwealth ministers, state ministers, and self-governing territories, as well as other persons and organisations deemed appropriate. In the case of this amendment, the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities consulted with Fisheries Queensland, which has management responsibility for the fishery concerned. There are no explicit offences, penalties, or civil/criminal consequences outlined in the explanatory statement for breach of these provisions. However, it is implied that any failure to comply with the trade control provisions for regulated native specimens, which now apply to the specimens affected by this amendment, could result in legal action under the EPBC Act. Penalties for breaches of the EPBC Act can vary widely depending on the nature and severity of the offence, but they can include substantial fines and, in some cases, imprisonment. The exact penalties would be determined based on the specific circumstances of any breach and the provisions of the EPBC Act that are applicable.