Amendment of List of Exempt Native Specimens - Queensland Marine Aquarium Fish Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive legal framework that protects Australia's environment and biodiversity, including native species and their habitats. This legislation provides mechanisms for the regulation of activities that may impact on matters of national environmental significance, such as endangered species and ecosystems. The Act is administered by the Minister for the Environment, who has the authority to amend various lists and schedules under the Act to better protect or manage biodiversity. In the context of the provided amendment, the policy objective is to ensure that the trade of native specimens from the Queensland Marine Aquarium Fish Fishery is conducted in a manner that does not threaten the sustainability and conservation of the species involved, while facilitating legal trade practices. The amendment to the list of exempt native specimens under the EPBC Act, as enacted by Ilse Kiessling, the Acting Assistant Secretary, Wildlife Trade and Biosecurity Branch, on behalf of the Minister for the Environment, aims to specifically address the legal trade of fish and invertebrate specimens from the Queensland Marine Aquarium Fish Fishery. By including these specimens in the list of exempt native specimens, subject to certain conditions, the amendment ensures that the trade of these specimens is lawful and does not negatively impact the conservation status of protected species. This aligns with the overarching policy objective of the EPBC Act to maintain and enhance the protection of Australia's biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth legislation that applies to a broad range of activities and entities across Australia, aiming to protect and manage the nation's environment and biodiversity. Under this Act, the Minister for the Environment has the authority to amend the list of exempt native specimens, which is crucial for regulating the trade of native species. The recent amendment, issued by Ilse Kiessling, Acting Assistant Secretary of the Wildlife Trade and Biosecurity Branch, includes specimens derived from fish or invertebrates taken in the Queensland Marine Aquarium Fish Fishery, subject to certain conditions. This amendment applies specifically to specimens that are not listed under Part 13 of the EPBC Act or section 303CA of the EPBC Act, which pertains to Australia’s CITES list. Importantly, the specimens must have been taken lawfully and be part of an approved wildlife trade operation as declared under section 303FN of the EPBC Act. This amendment extends the application of the Act to cover more specific instances within the fishery industry, ensuring compliance with environmental protection standards while allowing for regulated trade.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended to include certain specimens in the list of exempt native specimens. Specifically, the amendment pertains to specimens that are or are derived from fish or invertebrates taken in the Queensland Marine Aquarium Fish Fishery, as defined under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulations 2008 (section 303DB). However, these specimens are exempt only if they do not belong to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA of the EPBC Act (Australia's CITES list) (section 303DC(1)). The inclusion of these specimens in the list comes with certain conditions. First, the specimens or the fish or invertebrates from which they are derived must have been taken lawfully. Second, the specimens must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery (section 303DC(1)). The amendment imposes specific obligations on parties involved in the trade of these specimens. Firstly, it is imperative that the specimens are obtained legally, ensuring compliance with existing fisheries laws. Secondly, parties must ensure that the specimens are part of an approved wildlife trade operation as stipulated under section 303FN of the EPBC Act. This includes adhering to all requirements and declarations associated with such operations. Failure to comply with these obligations could result in legal repercussions and potentially the revocation of any exemptions granted under this amendment. Breaching the conditions or obligations set forth in this amendment can lead to various consequences. The EPBC Act stipulates both civil and criminal penalties for non-compliance. Civil penalties can include fines, while criminal penalties might involve imprisonment, depending on the severity and nature of the breach. The exact penalties are not specified in this particular amendment but are generally detailed in other sections of the EPBC Act, which can include significant fines and imprisonment terms. Adhering to these legal frameworks is crucial to avoid these potential repercussions.