Amendment of List of Exempt Native Specimens - Queensland Rocky Reef Fin Fish Fishery (16/04/2012)

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, addresses the need to regulate the trade of native specimens in a manner that ensures ecological sustainability and aligns with broader environmental protection goals. This Act, through its provisions, allows for the establishment of a list of exempt native specimens, providing a regulatory framework that exempts certain native species from trade controls, thereby facilitating lawful trade while maintaining ecological balance. The legislative instrument F2012L00915, which amends the list of exempt native specimens, was introduced to ensure that specimens derived from fish or invertebrates taken in the Queensland Rocky Reef Fin Fish Fishery, excluding those from species listed under Part 13 of the Act, remain exempt from trade restrictions until 26 April 2013. This amendment follows consultations with relevant authorities, including Fisheries Queensland, to align the management of the fishery with the ecological sustainability guidelines set out by the Australian Government. The policy objective is to allow continued export of these specimens, contingent on their lawful acquisition and ongoing compliance with the fishery's management regime.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC pertains to the regulation of trade in native specimens, specifically fish and invertebrate specimens derived from the Queensland Rocky Reef Fin Fish Fishery, excluding those belonging to species listed under Part 13 of the Act. This legislative instrument applies to any person or entity involved in the trade of these specimens, ensuring compliance with the specified conditions to maintain the exemption from trade control provisions. Geographically, the legislation operates within the jurisdiction of the Commonwealth and aligns with the management regime stipulated under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008. The inclusion of the specimens in the list of exempt native specimens is subject to specific conditions, including the lawful taking of the specimens, their inclusion in the list until 26 April 2013, and the adherence to the fishery's management regime. Additionally, Fisheries Queensland is mandated to inform the relevant department of any amendments to the management arrangements and to provide bi-annual updates on the fishery's status and management concerning the long-term recovery of snapper to ecologically viable stock levels.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is amended through the legislative instrument F2012L00915 to modify the list of exempt native specimens (section 303DC). This change pertains to specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the Act, which are taken in the Queensland Rocky Reef Fin Fish Fishery. The instrument revokes the existing conditions under which these specimens were included in the list on 30 June 2005 and imposes new conditions. These conditions include that the specimens must be taken lawfully, that they remain listed until 26 April 2013, and that the Queensland Rocky Reef Fin Fish Fishery must adhere to the management regime established under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008. In addition to these, Fisheries Queensland is required to notify the Department of Sustainability, Environment, Water, Population and Communities of any proposed changes to the management arrangements that could affect the ecological sustainability assessment of the fishery. Fisheries Queensland must also provide bi-annual updates to the department regarding the status and management of the fishery, specifically in relation to the long-term recovery of snapper to ecologically viable stock levels. This amendment allows for the continued export of these specimens until the specified date of 26 April 2013, facilitating trade while ensuring that the ecological sustainability of the fishery is monitored and maintained. Under the EPBC Act, the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, before amending the list of exempt native specimens (subsection 303DC(3)). In this case, the Delegate of the Minister consulted with Fisheries Queensland, given their management responsibilities for the fishery. This consultation process ensures that all relevant stakeholders are considered in the decision-making process. Any breaches of the conditions imposed by this legislative instrument may result in legal consequences. Although the specific penalties for non-compliance are not detailed in the text, violations of the EPBC Act can generally lead to substantial civil and criminal penalties. Civil penalties may include fines up to a significant amount, and criminal penalties can include imprisonment, depending on the severity of the breach and the specific provisions of the Act that are contravened. These penalties underscore the importance of adhering to the conditions set forth to ensure the ecological sustainability of the fishery and the legality of the specimen trade.