Amendment of List of Exempt Native Specimens - Queensland Marine Aquarium Fish Fishery - deletion (21/11/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment, particularly through the regulation of activities that may impact on matters of national environmental significance. In accordance with Section 303DC of the EPBC Act, the Act includes a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The legislative instrument F2008L04385, introduced by the Delegate of the Minister for Environment, Heritage and the Arts, modifies this list by removing certain specimens that are or are derived from fish or invertebrates taken in the Queensland Marine Aquarium Fish Fishery. This amendment was made following appropriate consultations with relevant ministers and departments, including the Queensland Minister for Primary Industries and Fisheries and the Queensland Department of Primary Industries and Fisheries. The decision was also subject to public consultation, with comments received over a 22-day period and considered in the final decision. This legislative instrument aims to ensure that the management of native specimens aligns with the broader objectives of environmental protection and biodiversity conservation as stipulated in the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2008L04385, modifies the List of Exempt Native Specimens by removing certain specimens that are or are derived from fish or invertebrates taken in the Queensland Marine Aquarium Fish Fishery. The Act applies to these specimens, providing that they are no longer exempt from the trade control provisions that apply to regulated native specimens. This amendment is made under Section 303DC of the EPBC Act, which facilitates the establishment and adjustment of the list of exempt native specimens. The application of this legislation extends across the Commonwealth, and it specifically impacts the fishery industry in Queensland, where the specimens in question originate. The changes were enacted after consultation with relevant Queensland Ministers and Departments, as well as public consultation, ensuring that the decision to amend the list was informed by stakeholder feedback. This legislative instrument, once registered on the Federal Register of Legislative Instruments, immediately took effect, reinforcing the regulatory framework under which the trade of native specimens is monitored and controlled.

Key Provisions

The main operative sections of this legislative instrument are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC allows for the amendment of this list by the Minister, who must consult with relevant parties before making any changes. In this instance, the list is being amended to remove specimens that are or are derived from fish or invertebrates taken in the Queensland Marine Aquarium Fish Fishery. The changes to the list are effective from the day after the instrument was registered on the Federal Register of Legislative Instruments. The Act imposes specific obligations on the parties it governs, primarily focusing on the Minister's duty to consult with relevant stakeholders before amending the list of exempt native specimens. This is outlined in subsection 303DC(3) of the EPBC Act, which mandates consultation with other Ministers, including those from each state and self-governing territory, as well as other persons and organisations deemed appropriate by the Minister. In this case, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the Queensland Minister for Primary Industries and Fisheries and the Queensland Department of Primary Industries and Fisheries, given their management responsibilities over the fishery in question. Additionally, the proposal was advertised on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website, inviting comments from interested parties over a 22-day period, and any feedback received was considered in the decision-making process. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for breach of the provisions in this legislative instrument. However, failure to comply with the requirements of the EPBC Act, such as not adhering to the trade control provisions or not consulting with relevant parties before amending the list of exempt native specimens, could potentially lead to legal action or administrative penalties under the broader framework of the EPBC Act. The exact penalties would depend on the specific breach and the relevant provisions of the Act.