Amendment of List of Exempt Native Specimens - Shark Bay Experimental Crab Fishery, WA (16/11/2004)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a cornerstone piece of Australian environmental legislation, designed to provide for the protection of the environment, particularly its biodiversity, by regulating activities that have, or are likely to have, a significant impact on matters of national environmental significance. The Act was enacted by the Parliament of Australia and is administered by the Department of Agriculture, Water and the Environment. One of the key gaps the EPBC Act aimed to address was the need for a comprehensive and coherent framework to manage and conserve Australia’s biodiversity and its associated ecosystems, including native species and their habitats. The legislative instrument, F2005B02235, amends the list of exempt native specimens under the EPBC Act, specifically to include specimens taken from the WA Shark Bay Experimental Crab Fishery, subject to certain conditions, thereby contributing to the policy objective of managing and conserving biodiversity while allowing for sustainable use of natural resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of native flora, fauna, ecological communities, and their habitats, as well as the regulation of activities that have or may have a significant impact on matters of national environmental significance. The specific amendment detailed in the legislative instrument concerns the inclusion of certain specimens derived from fish or invertebrates taken in the Western Australian Shark Bay Experimental Crab Fishery on the list of exempt native specimens. This amendment applies to specimens that are not part of species listed under Part 13 of the Act, thus excluding protected or endangered species from the exemption. The inclusion of these specimens in the list is conditional upon their lawful acquisition and that they are covered by an approved Wildlife Trade Operation declaration under Section 303FN of the EPBC Act, which pertains to the fishery. This legislative amendment extends the reach of the Act to include these specific specimens, while maintaining stringent conditions to ensure compliance with broader environmental protection goals.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by adding certain specimens to the list of exempt native specimens under section 303DB (1). Specifically, the amendment includes specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken within the Western Australia Shark Bay Experimental Crab Fishery (section 303DC(1)). This inclusion in the list is conditional, subject to two specific restrictions or conditions. Firstly, the specimens, or the fish or invertebrate from which they are derived, must have been taken lawfully (section 303DB(2)). Secondly, these specimens must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act in relation to the fishery. The Act imposes several obligations and requirements on the parties or entities governed by this amendment. Primarily, any specimens taken within the Shark Bay Experimental Crab Fishery must adhere to the legal requirements for their lawful taking. This implies that those involved in the fishery must comply with all relevant laws and regulations governing the collection of these specimens. Furthermore, the specimens must be part of a Wildlife Trade Operation that has been approved under section 303FN of the Act. This necessitates that operators obtain the necessary declarations and ensure that their activities comply with the criteria set forth by the Act. Failure to comply with the provisions of the Act or the conditions set out in the legislative instrument could result in various civil or criminal consequences. Although the specific penalties are not detailed in the provided text, breaches of the Act could generally lead to fines, imprisonment, or both, depending on the severity and nature of the offence. The maximum penalties are determined by the courts, taking into account the specific circumstances of each case. It is also important to note that any entity involved in the illegal trade of these specimens could face additional sanctions, including revocation of permits or licenses, and potential exclusion from participating in future approved operations.