Amendment of List of Exempt Native Specimens - Sea Urchin Fishery, VIC (07/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This Act was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and environment, ensuring sustainable use of natural resources. The Act is administered by the Parliament of Australia and aims to protect native flora and fauna, their habitats, and other environmental values from significant adverse impacts. The explanatory statement details an amendment to the list of exempt native specimens under section 303DB of the Act, allowing certain specimens taken in the Victorian Sea Urchin Fishery to be exempt from trade control provisions, provided they are taken lawfully and the wildlife trade operation declaration remains in force. This amendment facilitates the continued export of these specimens without requiring export permits, subject to compliance with the conditions of the wildlife trade operation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens instrument adds certain fish and invertebrate specimens taken in the Victorian Sea Urchin Fishery to the list of exempt native specimens. This means that these specimens can be exported without requiring export permits, provided they meet specific conditions. The specimens must have been taken lawfully and be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act related to the fishery. This amendment applies to the Commonwealth and specifically targets the Victorian Sea Urchin Fishery, allowing continued lawful export of these specimens as long as the relevant Wildlife Trade Operation declaration remains in force. If the declaration expires or is revoked, the exemption will cease, and export permits will be required. The amendment is subject to consultation with relevant Ministers and the Department of Primary Industries, Victoria, ensuring that the changes align with both national and state interests in wildlife trade regulation.

Key Provisions

The key provisions of the amendment to the Environment Protection and Biodiversity Conservation Act 1999 (the Act) under section 303DC, as outlined in the explanatory statement, pertain to the addition of specific specimens to the list of exempt native specimens. Section 303DB of the Act already establishes a list of such exempt specimens, which are not subject to the trade control provisions applicable to regulated native specimens. This amendment specifically targets specimens derived from fish or invertebrates taken in the Victorian Sea Urchin Fishery, provided they do not belong to species listed under Part 13 of the Act. These specimens are now included in the list of exempt native specimens, subject to two critical conditions. Firstly, the specimens, or the fish or invertebrates from which they are derived, must have been taken lawfully (section 303DC(3)(a)). Secondly, the specimens must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act, which pertains to the fishery (section 303DC(3)(b)). This listing facilitates continued export of these specimens without requiring export permits, provided the wildlife trade operation declaration remains in effect. The obligations imposed by this amendment on the parties involved are stringent. The fishery must adhere to the conditions stipulated in its WTO declaration, or the declaration itself must be revoked, which would result in the removal of the specimens from the list of exempt native specimens. Consequently, export would no longer be permitted if the WTO declaration expires or is revoked. Furthermore, the amendment mandates consultation with relevant ministers and departments, including the Minister for Agriculture and the Department of Primary Industries, Victoria, as per section 303DC(3)(c) of the Act. In terms of consequences for non-compliance, the Act does not explicitly detail offences, penalties, or specific civil or criminal consequences for breach in this context. However, it is implicit that failure to comply with the conditions of the WTO declaration or lawful taking of specimens could lead to revocation of the declaration and loss of the exemption status, thereby necessitating export permits. This could potentially lead to legal repercussions for non-compliance with the wildlife trade operation requirements and the environmental regulations outlined in the Act.