Amendment of List of Exempt Native Specimens - Queensland Gulf of Carpentaria Inshore Finfish Fishery (03/05/2011)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. One of the issues the Act was introduced to address was the need to regulate the trade of native specimens to prevent overexploitation and ensure the sustainability of native species. The Act includes provisions for a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The Act was enacted by the Parliament of Australia and the policy objective is to manage and protect biodiversity and ecological processes. The legislative instrument, F2011L00725, amends the list of exempt native specimens to allow continued export of certain specimens until a specified date, subject to certain conditions. This amendment was made in accordance with Section 303DC of the EPBC Act and the Minister consulted with relevant parties, including Fisheries Queensland, before making the amendment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens applies to specimens of fish and invertebrates, excluding those species listed under Part 13 of the Act, that are taken in the Queensland Gulf of Carpentaria Inshore Finfish Fishery. These specimens are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument revokes previous conditions imposed on the inclusion of these specimens in the list of exempt native specimens, and introduces new conditions, which include requirements for lawful taking of the specimens, adherence to specific management arrangements under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries (Gulf of Carpentaria Inshore Fin Fish) Management Plan 1999, and notification of any proposed changes to the fishery management arrangements that may impact the ecological sustainability assessment under the EPBC Act. The changes allow for the continued export of these specimens until 28 September 2011. The Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant parties, including Fisheries Queensland, before amending the list, in accordance with the requirements of the EPBC Act.

Key Provisions

The primary sections involved in this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are Section 303DB and Section 303DC. Section 303DB establishes a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. Section 303DC allows for amendments to this list, including the addition or removal of specimens, and specifies the process for such amendments, including the requirement for consultation with relevant stakeholders. This amendment revokes the conditions under which certain specimens were previously listed as exempt and imposes new conditions for their continued exemption until 28 September 2011. The obligations imposed by this Act on the parties or entities it governs are several. Firstly, any specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Queensland Gulf of Carpentaria Inshore Finfish Fishery must be taken lawfully. Secondly, the operation of the fishery must adhere to the management arrangements set out in the Queensland Fisheries Regulation 2008 and the Queensland Fisheries (Gulf of Carpentaria Inshore Fin Fish) Management Plan 1999, which are in force under the Queensland Fisheries Act 1994. Thirdly, Fisheries Queensland must notify the Department of Sustainability, Environment, Water, Population and Communities of any proposed substantive changes to the fishery management arrangements that might impact the assessment of the fishery against the criteria for ecologically sustainable management. These criteria are based on the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. In terms of consequences for breach, the Act does not explicitly detail specific offences, penalties, or civil or criminal consequences for non-compliance. However, any failure to comply with the provisions outlined in the Act, such as not taking specimens lawfully, not adhering to the specified management arrangements, or not notifying the Department of proposed changes, could potentially lead to the specimens no longer being exempt from the trade control provisions. This could result in the need for permits for the export of these specimens, which could disrupt trade activities. Additionally, any actions that contravene the guidelines for ecologically sustainable management of fisheries could lead to broader regulatory scrutiny and potential sanctions under other relevant legislation. Consultation is a key component of the amendment process, as mandated by Section 303DC(3) of the EPBC Act. Before amending the list of exempt native specimens, the Minister for Sustainability, Environment, Water, Population and Communities must consult with other relevant Commonwealth and state ministers, as well as other persons and organisations deemed appropriate. In this instance, the Delegate of the Minister consulted with Fisheries Queensland, given their management responsibilities for the fishery in question. This ensures that all relevant stakeholders are considered in the decision-making process, aligning the amendments with broader ecological and regulatory objectives.