Amendment of List of Exempt Native Specimens - Rock Lobster Fishery, TAS (29/01/2007)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to biodiversity conservation and the regulation of activities that may impact the environment. This legislation was introduced to address the need for a comprehensive framework to protect and manage Australia's biodiversity, particularly in the context of the trade of native specimens. The policy objective of the EPBC Act is to ensure that biodiversity is conserved and that activities that may have significant environmental impacts are appropriately regulated. The instrument, F2007L00229, was issued under the authority of the Minister for the Environment and Heritage and amends the list of exempt native specimens in accordance with Section 303DC of the EPBC Act. This amendment adds specimens that are or are derived from fish or invertebrates taken in the Tasmanian Rock Lobster Fishery to the list of exempt native specimens, subject to certain conditions, to facilitate continued export of these specimens until 5 February 2012. The decision to include these specimens was made in line with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, as per F2007L00229, pertains to fish and invertebrate specimens taken from the Tasmanian Rock Lobster Fishery, provided they are not species listed under Part 13 of the EPBC Act. These specimens are exempt from the trade control provisions applicable to regulated native specimens, allowing for their continued export. The exemption is contingent upon the specimens being lawfully taken and is valid until 5 February 2012. The decision to include these specimens in the list of exempt native specimens aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, which outline criteria for assessing the ecological sustainability of fisheries management arrangements. The amendment was made following consultation with relevant ministers and the Tasmanian Department of Primary Industries and Water, as mandated by the Act. This legislative instrument is effective from the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) establishes a framework for the protection of the environment and biodiversity. Section 303DB of the EPBC Act allows for the creation of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. Section 303DC of the Act provides the mechanism for adding certain specimens to this list. This legislative instrument adds specimens that are or are derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, taken in the Tasmanian Rock Lobster Fishery, to the list of exempt native specimens (Section 303DC). This addition is subject to specific conditions: the specimens must have been taken lawfully and they are included on the list until 5 February 2012. These provisions are designed to allow continued export of these specimens for a limited period, ensuring that there is no interruption in trade while maintaining compliance with ecological sustainability guidelines. The decision to include these specimens was made with consideration of the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, which provide criteria for assessing the sustainability of fisheries management arrangements. Entities and individuals involved in the trade of these specimens must ensure compliance with the conditions specified. This means that they must verify that the specimens were taken lawfully and that any export activities are conducted within the specified timeframe. Additionally, the consultation process mandated by section 303DC(3)(c) of the Act ensures that relevant stakeholders, including Ministers of the Commonwealth and relevant state departments, have been informed and have had the opportunity to provide input. Failure to comply with the conditions of the list of exempt native specimens can lead to civil and criminal penalties. The specific penalties are not detailed in the legislative instrument but generally, under the EPBC Act, breaches can result in substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as outlined in other sections of the EPBC Act. The legislative instrument itself is subject to the requirements of the Legislative Instruments Act 2003 and came into effect on the day after its registration on the Federal Register of Legislative Instruments.