Amendment of List of Exempt Native Specimens - removal of species - Western Australia Exmouth Gulf Prawn Managed Fishery (06/02/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation, aiming to safeguard Australia's natural heritage and ecosystems. The Act provides for the regulation of activities that may impact the environment, including the trade of native specimens. One of the mechanisms within the EPBC Act is 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 legislative instrument amends the list of exempt native specimens by removing certain fish and invertebrate specimens taken in the Western Australian Exmouth Gulf Prawn Managed Fishery, except those belonging to an eligible listed threatened species. The amendment was made in consultation with relevant Ministers and authorities, as required by section 303DC of the EPBC Act, to ensure the changes align with conservation objectives and fishery management plans. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens pertains specifically to the management of trade in native specimens, modifying the list of those that are exempt from the trade control provisions applicable to regulated native specimens. The amendment removes certain specimens from the list of exempt native specimens, specifically those specimens that are or are derived from fish or invertebrates taken within the Western Australian Exmouth Gulf Prawn Managed Fishery, as defined by the Exmouth Gulf Prawn Management Plan 1989 under the Fish Resources Management Act 1994 (WA). This exclusion applies to specimens that are not part of an eligible listed threatened species. The application of this legislation is national in scope, extending across all states and territories within Australia, and is subject to the overarching provisions of the EPBC Act. The amendment took effect on the day it was registered on the Federal Register of Legislative Instruments, and it is a legislative instrument as defined by the Legislative Instruments Act 2003. This legislative change is designed to address specific management needs within the Western Australian fishery sector while maintaining compliance with broader environmental protection and biodiversity conservation objectives.

Key Provisions

The key operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) are sections 303DB and 303DC. Section 303DB establishes the list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens (303DB). Section 303DC provides the mechanism by which this list can be amended (303DC). This instrument amends the list by removing certain specimens taken in the Western Australian Exmouth Gulf Prawn Managed Fishery, as defined in the Exmouth Gulf Prawn Management Plan 1989, made under the Fish Resources Management Act 1994 (WA). Specifically, the amendment excludes specimens that are or are derived from fish or invertebrates taken in the fishery, unless they belong to an eligible listed threatened species (303DB). The Act imposes several obligations on parties and entities governed by it. Firstly, it requires consultation with relevant Ministers and authorities, as specified in section 303DC. In this case, consultation was undertaken with the Hon Jon Ford MLC, Minister for Fisheries, Western Australia, and the Western Australia Department of Fisheries (303DC). This ensures that all relevant stakeholders are informed and have the opportunity to provide input on the amendment. Additionally, the amendment must be registered on the Federal Register of Legislative Instruments, ensuring its formal enactment and accessibility (303DC). Breaches of the EPBC Act can result in both civil and criminal consequences. While the specific provisions governing these consequences are not detailed in the text, it is known that the Act provides for a range of penalties for non-compliance. For example, individuals may face fines up to $500,000, imprisonment for up to five years, or both, for serious offences (section 509). Corporations can face even higher fines, up to $2.1 million for serious offences (section 510). These penalties serve as a deterrent to non-compliance and ensure that the Act's objectives are upheld. The legislative instrument itself is subject to the provisions of the Legislative Instruments Act 2003, which governs the creation, registration, and operation of legislative instruments. This includes the requirement for registration on the Federal Register of Legislative Instruments, which ensures that the instrument is formally enacted and accessible to the public (Legislative Instruments Act 2003). This registration process also ensures that the instrument is subject to parliamentary scrutiny and review, maintaining transparency and accountability in the legislative process. In summary, the amendment to the EPBC Act removes certain fish and invertebrate specimens from the list of exempt native specimens, requiring consultation with relevant authorities and registration on the Federal Register of Legislative Instruments. Non-compliance with the Act can result in significant civil and criminal penalties, while the legislative instrument is governed by the Legislative Instruments Act 2003 to ensure transparency and accountability.