Amendment of List of Exempt Native Specimens - Small Pelagic Fishery, Commonwealth (29/11/2004)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, heritage places, wildlife, and biodiversity through a range of measures, including the regulation of trade and movement of native specimens. The Act was introduced to address the need for a comprehensive framework to manage and conserve Australia's unique environment and biodiversity, ensuring sustainable use of natural resources while protecting species and ecosystems from harm. In this context, the Act allows for the amendment of the list of exempt native specimens to manage specific activities that may impact biodiversity. The policy objective of the Act is to safeguard Australia's environmental heritage and promote the sustainable use of its natural resources. In exercising powers under the EPBC Act, Ian Cresswell, as the Delegate of the Minister for the Environment and Heritage, amended the list of exempt native specimens to include fish and invertebrate specimens taken in the Commonwealth Small Pelagic Fishery, subject to certain conditions. This amendment aims to facilitate the management of the fishery while ensuring compliance with environmental protection and biodiversity conservation objectives. The inclusion of these specimens in the list is contingent on their lawful capture and adherence to the declaration of an approved Wildlife Trade Operation, thereby balancing economic activities with conservation goals.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended, governs the protection of native species and their habitats in Australia. This legislative instrument modifies the list of exempt native specimens, specifically including specimens derived from fish or invertebrates taken in the Commonwealth Small Pelagic Fishery, subject to certain conditions. These conditions ensure that the specimens must be taken lawfully and must be covered by a declaration of an approved Wildlife Trade Operation under Section 303FN of the Act. This amendment applies to the Commonwealth of Australia, affecting the fishing industry and entities involved in the trade of fish and invertebrate specimens within the specified fishery. The Act extends its reach to all native specimens taken in this fishery, excluding only those species listed under Part 13 of the Act. This legislative instrument also allows for further specification and restriction through subordinate instruments, ensuring flexibility in the management and regulation of the listed specimens.

Key Provisions

The key provisions of this legislative instrument pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, the instrument amends the list by including specimens that are or are derived from fish or invertebrates taken in the Commonwealth Small Pelagic Fishery, provided they are not species listed under Part 13 of the Act (section 303DC(1)). This amendment aims to exempt certain specimens from the broader regulatory requirements of the Act, subject to certain conditions and restrictions. Under the amended list, the specimens must meet two primary conditions to qualify for exemption. Firstly, the specimens, or the fish or invertebrate from which they are derived, must have been taken lawfully (section 303DB). This implies that any fishing activities must comply with applicable laws and regulations to ensure the specimens are obtained through legitimate means. Secondly, the specimens must be covered by the declaration of an approved Wildlife Trade Operation under Section 303FN of the Act. This means that the specimens must be part of a declared operation that adheres to the standards and practices required by the Act, ensuring sustainable and responsible trade. The obligations imposed by this legislative instrument are primarily on the operators within the Commonwealth Small Pelagic Fishery. They must ensure that any specimens derived from fish or invertebrates are taken lawfully and are part of an approved Wildlife Trade Operation. This includes complying with all relevant fishing laws and regulations, as well as adhering to the specific conditions outlined in the declaration of the approved operation. Failure to meet these obligations could result in the specimens not qualifying for the exemption, thereby subjecting them to the broader regulatory requirements of the EPBC Act. In terms of enforcement and consequences, the Act provides for various offences and penalties for breaches of its provisions. While the specific penalties are not detailed in this legislative instrument, breaches of the EPBC Act generally can lead to significant civil and criminal penalties. For instance, unauthorised trade in native specimens can result in fines and imprisonment. The maximum penalties can vary depending on the severity of the breach and the specific sections of the Act that are contravened. Therefore, operators within the fishery must ensure strict compliance with the Act's requirements to avoid any potential legal repercussions.