Amendment of List of Exempt Native Specimens - Sea Urchin Fishery, SA (28/10/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide for the protection of the environment, heritage places, and biodiversity. This Act addresses the need to regulate the trade of native specimens to prevent over-exploitation and ensure sustainable use. The Act includes provisions for establishing a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. The Act was enacted by the Parliament of Australia to provide a comprehensive framework for environmental protection and biodiversity conservation. The explanatory statement issued under the authority of the Minister for the Environment and Heritage outlines an amendment to the list of exempt native specimens in accordance with section 303DC of the Act. This amendment adds certain specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the Act, taken in the South Australian Sea Urchin Fishery, to the list of exempt native specimens. This change is subject to the condition that the specimens were taken lawfully and are covered by an approved Wildlife Trade Operation declaration under section 303FN of the Act. The amendment aims to facilitate continued export of these specimens without the need for export permits, provided that the Wildlife Trade Operation declaration remains in force and the fishery adheres to its conditions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens applies specifically to specimens derived from fish or invertebrates taken within the South Australian Sea Urchin Fishery, excluding those species listed under Part 13 of the Act. This legislation allows for the continued export of these specimens without the requirement for export permits, provided that the specimens were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act. The exemption is contingent on the fishery operating in accordance with the conditions of the Wildlife Trade Operation declaration, and should the declaration expire or be revoked, the specimens will no longer be exempt, and export will require a permit. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, underwent consultation with relevant stakeholders including the South Australian Minister for Agriculture, Food and Fisheries, and the Department of Primary Industries and Resources, South Australia. The instrument became effective the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) contains a provision, under Section 303DB, that establishes a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. Section 303DC outlines the process for amending this list, and the legislative instrument F2005L03798 makes amendments in accordance with this section. Specifically, it adds specimens taken in the South Australian Sea Urchin Fishery, derived from fish or invertebrates, to the list of exempt native specimens, provided they are not from species listed under Part 13 of the Act. These additions to the list are subject to the conditions that the specimens were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation (WTO) under Section 303FN. Entities and individuals involved in the South Australian Sea Urchin Fishery must adhere to the obligations set out in the Act. They are required to ensure that any specimens taken are included on the list of exempt native specimens, subject to the specified notations. This includes maintaining compliance with the WTO declaration in relation to the fishery. The WTO must remain in force, and the fishery must operate according to the WTO conditions. If the WTO declaration expires or is revoked, the specimens will no longer be exempt, and export permits will be required. Breaches of the conditions under which the specimens are exempt can result in serious consequences. If specimens are exported without complying with the WTO declaration or if they are taken in a manner that does not meet the legal requirements, this can constitute an offence under the Act. Penalties for such breaches can include fines and, in severe cases, imprisonment. The specific penalties depend on the nature and severity of the breach, but they can be significant under Australian law. Ensuring adherence to these conditions is therefore crucial for those involved in the fishery.