Amendment of List of Exempt Native Specimens - Queensland Gulf of Carpentaria Inshore Finfish Fishery (21/09/2011)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation enacted by the Australian Parliament to protect and manage the nation’s environment and biodiversity. This Act was introduced to address the need for a coordinated approach to environmental protection, particularly in relation to species and ecosystems that cross state and territory boundaries. The Act aims to ensure that the federal government, in collaboration with state and territory governments, can effectively manage and conserve Australia's biodiversity and environment. This legislative instrument amends the list of exempt native specimens under Section 303DB of the EPBC Act, thereby modifying the conditions under which certain fish and invertebrate specimens taken from the Gulf of Carpentaria Inshore Finfish Fishery in Queensland are exempt from trade control provisions. The revision is intended to facilitate continued export of these specimens until 28 September 2012, while ensuring that the fishery operates within sustainable management arrangements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment pertains to the list of exempt native specimens, specifically modifying the conditions under which certain specimens taken in the Queensland Gulf of Carpentaria Inshore Finfish Fishery are exempt from the trade control provisions. This amendment applies to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, and it ensures that these specimens remain exempt until 28 September 2012. The instrument revokes previous conditions and imposes new ones, including the requirement that the specimens must be taken lawfully and that the fishery must operate in accordance with specified Queensland management arrangements. Additionally, Fisheries Queensland is obligated to inform the Department of Sustainability, Environment, Water, Population and Communities of any proposed changes to the fishery management that might affect the assessment of the fishery against the criteria on which EPBC Act decisions are based. The amendment extends its reach across the Commonwealth, aligning with the broader objectives of the EPBC Act to ensure ecologically sustainable management of fisheries.

Key Provisions

The main operative sections of this legislation (F2011L01974) concern the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, this instrument revokes the existing conditions for the exemption of certain specimens derived from fish or invertebrates, which were initially included in the list on 1 December 2004, and imposes new conditions for their continued exemption. Section 303DC mandates that specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Queensland Gulf of Carpentaria Inshore Finfish Fishery, are exempt from trade control provisions. The new conditions include that the specimen or the fish or invertebrate from which it is derived was taken lawfully, the specimens are included in the list until 28 September 2012, the fishery must operate in accordance with the management arrangements in force under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries (Gulf of Carpentaria Inshore Fin Fish) Management Plan 1999, and Fisheries Queensland must advise the Department of Sustainability, Environment, Water, Population and Communities of any proposed substantive changes to the fishery management arrangements. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, any specimens taken must be derived lawfully from the specified fishery. Secondly, the specimens must adhere to the conditions set forth in the list of exempt native specimens, which include a specific timeframe until 28 September 2012. Thirdly, the operation of the fishery must comply with the management arrangements under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries (Gulf of Carpentaria Inshore Fin Fish) Management Plan 1999. Lastly, Fisheries Queensland has the responsibility to inform the relevant department of any proposed changes to the fishery management arrangements that could impact the ecological sustainability assessment. These obligations ensure that the trade of these specimens remains sustainable and compliant with the Act's ecological criteria. There are potential civil and criminal consequences for breaches of the provisions set out in this legislation. Although the specific penalties are not detailed within this instrument, breaches of the EPBC Act can generally lead to substantial penalties. For example, individuals or entities found in violation of the Act may be subject to fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, but they could include fines up to several hundred thousand Australian dollars and imprisonment for several years for serious offences. These consequences are intended to enforce compliance and maintain the integrity of the ecological sustainability criteria outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.