Amendment of List of Exempt Native Specimens - Scallop Fishery, VIC (29/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the need for comprehensive protection of the environment and biodiversity. This Act provides a framework for the management and conservation of Australia’s natural heritage, including the regulation of trade in native specimens. In line with its policy objective of promoting ecologically sustainable development, the Act includes provisions for the establishment of a list of exempt native specimens, exempting certain specimens from trade control measures. The legislative instrument F2005L03845, issued under the authority of the Minister for the Environment and Heritage, amends the list of exempt native specimens by including specimens from fish or invertebrates, excluding those species listed under Part 13 of the Act, taken in the Victorian Scallop Fishery. These inclusions are subject to specific conditions, such as the lawful taking of the specimens and a temporal limitation until 31 December 2005, facilitating continued export while adhering to 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 targets specimens that are or are derived from fish or invertebrates, specifically those taken in the Victorian Scallop Fishery, and exempts them from the trade control provisions that apply to regulated native specimens, provided they are not from species listed under Part 13 of the EPBC Act. This amendment applies to entities and individuals involved in the trade of these specimens, particularly those in the fishing industry within the specified fishery. Geographically, the amendment is applicable on a national level, as it involves a legislative instrument under Australian federal law. The exemption is contingent upon the specimens being taken lawfully and is in effect until 31 December 2005, allowing continued export of these specimens for the next five years. This legislative action aligns with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries, ensuring that the ecological sustainability criteria are met. The amendment was developed following consultation with relevant stakeholders, including the Department of Primary Industries in Victoria, as required by the Act.

Key Provisions

The primary operative sections of this legislative instrument are Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 303DB provides for the establishment of a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. Section 303DC allows for the amendment of this list. The instrument amends the list to include certain specimens from the Victorian Scallop Fishery that are or are derived from fish or invertebrates, provided they are not species listed under Part 13 of the EPBC Act. These specimens are exempt from trade controls and are listed until 31 December 2005. The Act imposes several obligations and requirements on the parties involved. Firstly, the specimens included in the list must have been taken lawfully, meaning they must comply with all relevant fisheries regulations and laws. Secondly, the inclusion is conditional and only applies until 31 December 2005, after which the specimens will no longer be exempt unless further amendments are made. Additionally, the Australian Government's Guidelines for the ecologically sustainable management of fisheries were considered in making this amendment, ensuring that the inclusion aligns with criteria for ecological sustainability. The instrument also specifies that any breach of the conditions outlined in the notations could lead to legal consequences. Although specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory statement, it is clear that any illegal taking of the specimens would be in breach of the law. The Act provides for various penalties for breaches of its provisions, which can include fines and imprisonment. The specific penalties for illegal fishing activities are governed by other sections of the Act and relevant state laws. Consultation with relevant stakeholders, including the Department of Primary Industries, Victoria, was undertaken in accordance with Section 303DC(3)(c) of the Act. This ensures that the amendment is made with appropriate consideration of the implications for the fishery and environmental sustainability. The legislative instrument, EPBC303DC/SFS/2005/041, was registered on the Federal Register of Legislative Instruments and commenced on the day following its registration, making it legally operative.