Amendment of List of Exempt Native Specimens - Skipjack Tuna Fishery, Commonwealth (30/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, particularly in relation to matters of national environmental significance. One of the gaps the Act aimed to address was the need for a streamlined process for the trade of certain native specimens, without compromising conservation efforts. This legislation was enacted by the Parliament of Australia. The explanatory statement indicates that this particular legislative instrument, issued under the authority of the Minister for the Environment and Heritage, seeks to amend the list of exempt native specimens in alignment with section 303DC of the Act. The policy objective is to facilitate the lawful export of certain specimens from the Skipjack Tuna Fishery, provided they comply with specific conditions, thereby ensuring that the trade does not impede conservation efforts while allowing for economic activities to continue smoothly.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2005L03847, pertains to the regulation of native specimens under the Act. Specifically, this instrument modifies the List of Exempt Native Specimens to include specimens that are or are derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, provided they are taken within the Skipjack Tuna Fishery. This exemption from trade control provisions applies only if the specimens were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery. The exemption is contingent upon the continued operation of the fishery in compliance with its WTO conditions or the validity of the WTO declaration. The instrument applies to entities and individuals involved in the Skipjack Tuna Fishery, ensuring that exports of the specified specimens can proceed without requiring export permits, provided the conditions are met. The scope of this amendment is national, extending across all states and territories in Australia, and is subject to the provisions and conditions outlined in the Act.

Key Provisions

The main operative sections of this legislation, as detailed in the Explanatory Statement, pertain to the amendment of the list of exempt native specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC provides the authority to add certain specimens to this list, thereby exempting them from the trade control provisions that apply to regulated native specimens. This particular amendment adds specimens that are or are derived from fish or invertebrates taken in the Skipjack Tuna Fishery, provided they are not species listed under Part 13 of the EPBC Act. The addition of these specimens to the list is subject to specific notations, including that the specimens were taken lawfully and that they are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. The Act imposes certain obligations and requirements on the parties involved. For instance, the specimens must be taken lawfully and must be covered by a declaration from an approved Wildlife Trade Operation (WTO). This means that the fishery must adhere to the WTO's conditions, and the WTO itself must remain in force. If the WTO is revoked or expires, the specimens will no longer be exempt from the trade control provisions, and export permits will be required. Additionally, the Act mandates consultation with relevant Ministers and authorities, including the Hon Ian Macdonald, Minister for Fisheries, Forestry and Conservation, and the Australian Fisheries Management Authority, to ensure that the interests of all stakeholders are considered in the amendment process. Failure to comply with the requirements set out in the EPBC Act can result in significant civil or criminal consequences. While the specific offences and penalties are not detailed in the Explanatory Statement, breaches of environmental protection laws can generally lead to substantial fines and, in some cases, imprisonment. The severity of the penalties often depends on the nature and extent of the breach, the intent behind the actions, and whether it is a first-time or repeat offence. The Act provides for enforcement mechanisms that allow authorised officers to take action against those who violate its provisions, ensuring that the objectives of protecting biodiversity and managing wildlife trade are upheld.