Amendment of List of Exempt Native Specimens - Queensland Gulf of Carpentaria Inshore Finfish Fishery (12/08/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. It was introduced to address the need for comprehensive environmental protection and biodiversity conservation, ensuring that the federal government can intervene where necessary to protect ecological systems. This Act was enacted by the Parliament of Australia, aiming to integrate environmental considerations into decision-making processes across various sectors. The policy objective of the Act is to promote ecologically sustainable development through the protection of the environment, heritage, and biodiversity, ensuring that economic activities do not lead to significant harm to the environment. This legislative instrument amends the list of exempt native specimens under the EPBC Act, specifically revoking the conditions for specimens derived from fish or invertebrates taken in the Queensland Gulf of Carpentaria Inshore Finfish Fishery, while imposing new conditions to ensure sustainable management practices. The instrument was developed in consultation with relevant state authorities and stakeholders, reflecting the Australian Government’s commitment to ecologically sustainable management of fisheries. The decision to amend the list was made in accordance with the legislative requirements of the EPBC Act, ensuring transparency and stakeholder engagement in the process.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to the regulation of trade in native specimens, specifically those taken from the Queensland Gulf of Carpentaria Inshore Finfish Fishery. The Act applies to specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the Act, which are exempt from the trade control provisions applicable to regulated native specimens. This exemption is subject to certain conditions, including the lawful taking of the specimens, their inclusion in the list until 11 November 2010, adherence to the management arrangements under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries (Gulf of Carpentaria Inshore Fin Fish) Management Plan 1999, and the requirement for the Queensland Department of Primary Industries and Fisheries to notify the Department of the Environment, Water, Heritage and the Arts of any significant changes to the fishery management arrangements. The Act's reach is federal, overseen by the Minister for Environment Protection, Heritage and the Arts, who consults with relevant state and territory ministers and stakeholders during the amendment process. This legislative instrument commenced on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation (sections 303DB and 303DC) relate to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). Specifically, section 303DB establishes the framework for the list of exempt native specimens, while section 303DC allows for the amendment of this list. This instrument revokes the conditions previously attached to specimens from the Queensland Gulf of Carpentaria Inshore Finfish Fishery, exempting them from trade control provisions applicable to regulated native specimens, and imposes new conditions under which these specimens will remain exempt until 11 November 2010. These conditions include the lawful taking of the specimens, adherence to the Queensland Fisheries Regulation 2008 and the Queensland Fisheries (Gulf of Carpentaria Inshore Fin Fish) Management Plan 1999, and notification of any substantive changes in fishery management arrangements to the relevant federal department. The obligations imposed by this legislation on the parties involved are primarily administrative and procedural. The Queensland Department of Primary Industries and Fisheries is required to ensure that the specimens are taken lawfully and that the fishery operates in accordance with the specified management arrangements. Additionally, the department must notify the federal Department of the Environment, Water, Heritage and the Arts of any proposed changes to the fishery management arrangements that may impact the ecological sustainability assessment under the EPBC Act. This ensures ongoing compliance with federal environmental protection standards and facilitates transparent communication between state and federal authorities. Breaches of the conditions set out in the legislation may lead to civil or criminal consequences. Although the specific penalties for non-compliance are not detailed in the explanatory statement, the EPBC Act generally provides for substantial penalties for breaches of its provisions. These can include fines and imprisonment for criminal offences, as well as civil penalties for violations of trade control provisions. The exact penalties would depend on the nature and severity of the breach, as well as any relevant provisions within the EPBC Act or other applicable legislation. Ensuring adherence to the specified conditions is thus crucial to avoid potential legal repercussions.