Amendment of List of Exempt Native Specimens - Shark Fishery, NT (28/11/2007)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act aims to establish a comprehensive framework for the protection and management of the environment and biodiversity. The 2007 legislative amendment, F2007L04569, was introduced to address the issue of native specimen exemptions related to fisheries within the Northern Territory. Specifically, this amendment removes certain fish and invertebrate specimens from the list of exempt native specimens when they are taken in the Northern Territory Shark Fishery, except for those species listed under Part 13 of the Act. The amendment was made in accordance with Section 303DC of the EPBC Act, which allows for the adjustment of the list of exempt native specimens based on consultation with relevant ministers and authorities, including the Northern Territory Department of Primary Industry, Fisheries and Mines. The policy objective of this amendment is to ensure the ecological sustainability of fisheries management arrangements in line with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2007L04569, pertains specifically to the regulation of native specimens within Australia, particularly those that are subject to trade control provisions. The Act applies to native specimens derived from fish or invertebrates, except for those belonging to species listed under Part 13 of the Act, taken in the Northern Territory Shark Fishery. This amendment removes these specific specimens from the list of exempt native specimens, thereby subjecting them to the trade control provisions that were previously inapplicable. The jurisdictional reach of this amendment is national, affecting all entities and persons involved in the trade of these specimens across Australia. The legislative instrument extends the Act's application by modifying the list of exempt specimens, thereby ensuring that the trade of these particular fish and invertebrate specimens is now regulated under the EPBC Act. The amendment does not specify any exclusions or exemptions but rather modifies the existing list to include these specimens under the trade control provisions.

Key Provisions

The main operative sections of this legislation pertain to the modification of the List of Exempt Native Specimens as outlined in section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) (section 303DC). This section of the Act originally provided for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. The legislative instrument now amends this list by deleting certain specimens that are or are derived from fish or invertebrates, except those that belong to species listed under Part 13 of the Act, taken in the Northern Territory Shark Fishery. These changes are made to align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, which outline criteria for assessing the ecological sustainability of fisheries management arrangements. The Act imposes obligations on various parties to ensure compliance with the new list of exempt native specimens. It mandates consultation with relevant Ministers, including the Hon Chris Natt MLA, Minister for Primary Industry, Fisheries and Mines, as well as the Northern Territory Department of Primary Industry, Fisheries and Mines. This consultation process is outlined in section 303DC(3)(c) of the EPBC Act and ensures that stakeholders are informed of and can provide input on changes to the list of exempt specimens. The legislative instrument further clarifies that these changes are to be implemented in accordance with the guidelines and criteria established for managing fisheries sustainably. Breach of the provisions outlined in the EPBC Act can result in civil or criminal consequences, depending on the nature and severity of the offence. While specific penalties are not detailed in the explanatory statement, the Act generally provides for fines and imprisonment for violations of its trade control provisions. The maximum penalties for such offences can vary, with significant fines and lengthy imprisonment terms possible for serious breaches, particularly those involving endangered species or illegal trade practices. Compliance with the amended list of exempt native specimens is crucial to avoid these potential consequences. It is important to note that this legislative instrument is a formal legislative instrument under the Legislative Instruments Act 2003, which ensures its validity and enforceability. The instrument came into effect on the day after it was registered on the Federal Register of Legislative Instruments, marking the commencement of the changes to the list of exempt native specimens. This formal registration process underscores the legal authority and binding nature of the instrument, reinforcing the importance of adherence to the updated regulations.