Amendment of List of Exempt Native Specimens - Scallop Fishery, VIC (02/02/2006)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted by the Parliament of Australia to address environmental protection and biodiversity conservation issues across the nation. This legislation aims to provide a framework for the protection of the environment, particularly focusing on the conservation of biodiversity. The Act was introduced to fill a critical gap in environmental regulation by offering a comprehensive approach to protecting species and ecosystems that are threatened or at risk. One of the mechanisms within the Act is the establishment of a list of exempt native specimens, which allows certain specimens to be traded without the need for specific permits, provided they meet certain criteria. This legislative instrument amends the list of exempt native specimens to include specimens that are or are derived from fish or invertebrates taken in the Victorian Scallop Fishery, subject to specific conditions and notations. This amendment ensures that these specimens can continue to be exported without requiring export permits, provided the wildlife trade operation declaration remains in force and the fishery operates within its approved conditions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, issued under the authority of the Minister for the Environment and Heritage, pertains to specimens derived from fish or invertebrates within the Victorian Scallop Fishery, provided they are not from species listed under Part 13 of the EPBC Act. This legislative instrument, which amends the Act, ensures that these specimens are exempt from the trade control provisions applicable to regulated native specimens, subject to specific conditions. These conditions include the specimens being lawfully taken and the fishery being covered by an approved Wildlife Trade Operation declaration under section 303FN of the EPBC Act. This amendment facilitates the continued export of these specimens without requiring export permits, contingent on the validity of the WTO declaration. The amendment applies to entities and individuals involved in the Victorian Scallop Fishery, and its jurisdiction extends nationally under the Commonwealth. However, it excludes specimens from species listed under Part 13 of the EPBC Act, and the continued exemption relies on the compliance of the fishery with WTO conditions. This legislative instrument is a part of the legislative framework established under the Legislative Instruments Act 2003 and came into effect upon registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation concern the amendment of the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 303DC outlines the process for adding certain specimens to the list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Specifically, the Act allows for the addition of specimens derived from fish or invertebrates taken in the Victorian Scallop Fishery, provided these specimens do not belong to species listed under Part 13 of the EPBC Act. This addition to the list is subject to the condition that the specimens were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation (WTO) under section 303FN of the Act. The obligations imposed by this Act include ensuring that the specimens in question were taken lawfully and that they are covered by a WTO declaration. This means that the Victorian Scallop Fishery must operate in compliance with its WTO conditions, and the WTO itself must remain in force. Failure to comply with these conditions will result in the WTO being revoked, thereby removing the specimens from the list of exempt native specimens and making export of these specimens subject to export permits. In terms of penalties and consequences, the Act does not specify explicit penalties for breaches of the WTO conditions or for the unlawful taking of specimens. However, the revocation of the WTO declaration would mean that the fishery would lose its exemption from the trade control provisions, and export would no longer be permitted. This could have significant implications for the fishery's operations and its ability to export specimens. Additionally, any unlawful taking of specimens could result in civil or criminal penalties under other relevant laws, although these are not detailed within this specific legislative instrument.