Amendment of List of Exempt Native Specimens - Queensland Spanner Crab Fishery (12/01/2011) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment and biodiversity in Australia, ensuring that significant environmental impacts are assessed and managed effectively. This Act, overseen by the Parliament of Australia, aims to provide a framework for the conservation and sustainable use of the nation's biodiversity. The legislative instrument F2011L00143, introduced to amend the List of Exempt Native Specimens, aligns with the policy objective of refining the regulatory approach to native specimens and ensuring that the trade and management of these specimens are consistent with broader environmental protection goals. By removing certain specimens from the list of exempt native specimens, the Act seeks to enhance the regulatory oversight and conservation efforts for native species, particularly those within specific fisheries such as the Queensland Spanner Crab Fishery. This amendment reflects a targeted approach to manage biodiversity more effectively by consulting relevant authorities and considering the ecological implications of specimen exemptions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities, including individuals, corporations, and government bodies, and covers conduct and transactions involving native specimens that fall under the scope of the Act. The specified legislative instrument pertains to the amendment of the List of Exempt Native Specimens, which is detailed under Section 303DC of the Act. This particular amendment removes certain fish invertebrate specimens from the list of exempt native specimens, except for those species listed under Part 13 of the EPBC Act, if taken in the Queensland Spanner Crab Fishery. The jurisdictional reach of this Act is national, applying across Australia, and is enforced under the authority of the Commonwealth. Any exclusions or exemptions from the trade control provisions are explicitly defined within the Act and any amendments thereto. The application of this Act may be further extended or restricted through subordinate instruments, which must also be in accordance with the legislative framework provided by the EPBC Act.

Key Provisions

The main operative sections of this legislation concern the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s 303DC). Specifically, section 303DB of the EPBC Act pertains to the establishment of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. This amendment instrument removes certain fish invertebrate specimens from the list of exempt native specimens. These specimens are or are derived from fish invertebrates taken in the Queensland Spanner Crab Fishery, except for those belonging to species listed under Part 13 of the EPBC Act. The Queensland Spanner Crab Fishery is defined in the regime established under the Fisheries (Spanner Crab) Management Plan 1999 and the Queensland Fisheries Regulations 2008 in force under the Fisheries Act 1994. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, before amending the list of exempt native specimens, the Minister for Sustainability, Environment, Water, Population and Communities must consult with other relevant Commonwealth ministers and ministers of each state and self-governing territory, as appropriate (s 303DC(3)). Additionally, the minister may consult with other persons and organisations deemed relevant. In this case, the Delegate of the Minister consulted Fisheries Queensland due to their management responsibilities for the fishery in question. This consultation process ensures that all relevant parties are informed and can provide input before any changes are made to the list of exempt native specimens. Failure to comply with the provisions of the EPBC Act, including the trade control provisions for regulated native specimens, may result in civil or criminal penalties. The specific consequences for breach depend on the nature and severity of the offence. Under the EPBC Act, offences related to the trade of native specimens can result in substantial fines and, in some cases, imprisonment. The exact penalties vary depending on the specific offence and are outlined in the relevant sections of the Act. It is important for parties and entities governed by the Act to adhere to its provisions to avoid potential legal repercussions.