Amendment of List of Exempt Native Specimens - Small Pelagic Fishery - Deletion (06/01/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is foundational legislation in Australia, enacted to address the need for comprehensive protection of the nation's environment and biodiversity. This Act provides for the regulation of activities that may have a significant impact on matters of national environmental significance. The Act was introduced by the Commonwealth Parliament to fill a critical gap in environmental regulation, ensuring that biodiversity is preserved and managed sustainably. One of the mechanisms established by the Act is the listing of exempt native specimens under Section 303DB, which aims to streamline and regulate the trade of native species while exempting certain specimens from stringent trade controls. In accordance with Section 303DC, the Act allows for the amendment of the list of exempt native specimens, ensuring that the list remains current and reflective of evolving management practices and environmental concerns. The policy objective in this context is to maintain a balanced approach between environmental protection and economic activities, such as fisheries. By consulting relevant authorities and inviting public comment, the Minister for Environment, Heritage and the Arts ensures that amendments are well-considered and reflect the needs of all stakeholders, thus maintaining the integrity and effectiveness of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act, 1999, as amended by the instrument F2010L00184, modifies the list of exempt native specimens to exclude certain specimens derived from fish or invertebrates taken in the Commonwealth Small Pelagic Fishery, except those belonging to species listed under Part 13 of the Act. This Act applies to persons and entities engaged in the trade of native specimens, particularly those involved in the fishery industry within the Commonwealth's jurisdiction. The amendment's geographic reach encompasses the entirety of Australian waters under federal control, impacting industry practices and regulatory oversight in the fishing sector. Notably, the exclusion of specimens from the list of exempt native specimens subjects them to the trade control provisions that apply to regulated native specimens, potentially increasing regulatory scrutiny. The legislative process included consultation with the Australian Fisheries Management Authority, as well as public comment on the proposal, ensuring a balanced consideration of stakeholder interests. This legislative instrument operates under the authority granted by Section 303DC of the EPBC Act and is subject to the provisions of the Legislative Instruments Act 2003.

Key Provisions

The primary operative sections of this legislative instrument (EPBC303DC/SFS/2009/41) concern 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 of the Act provides for the establishment of this list, where specimens included are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument removes certain specimens from the list of exempt native specimens: specifically, those that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, and taken in the Commonwealth Small Pelagic Fishery. This amendment ensures that these specimens now fall under the regulated category, requiring adherence to specific trade control provisions. The obligations and requirements imposed by this Act on the parties or entities it governs primarily revolve around ensuring compliance with the new trade control provisions for the specimens in question. Those involved in the trade of fish or invertebrate specimens derived from the Commonwealth Small Pelagic Fishery must now obtain the necessary permits or approvals as stipulated under the EPBC Act. This includes adhering to any conditions set by the Act, such as maintaining detailed records of trade and ensuring that the specimens are not derived from endangered or threatened species. Additionally, the Act mandates that any entities or individuals participating in the trade must be aware of and comply with the specific regulations concerning the transport, sale, or any other form of dealing with these specimens. Any breach of the provisions set out in the amended list of exempt native specimens could result in significant consequences. Under the EPBC Act, violations can lead to both civil and criminal penalties. For individuals, penalties can include fines of up to AUD 525,000 or imprisonment for up to five years, or both. For corporations, the fines can escalate to AUD 2.6 million or more, depending on the severity of the offence. Additionally, those found guilty of contravening the Act may face court orders for the confiscation of goods, restitution, and other measures aimed at deterring future violations. The strict enforcement of these penalties underscores the importance of compliance with the trade control provisions for the specimens affected by this legislative amendment.