Amendment of List of Exempt Native Specimens - South Australian Giant Crab Fishery (05/03/2010)

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 was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and environment, ensuring that development and resource use are ecologically sustainable. This legislative instrument amends the List of Exempt Native Specimens in accordance with Section 303DC of the EPBC Act. The purpose of this amendment is to revoke existing conditions and impose new conditions for specimens derived from fish or invertebrates, excluding those listed under Part 13 of the Act, taken in the South Australian Giant Crab Fishery. The new conditions specify that the specimens must be taken lawfully and remain on the list until 13 March 2015. This change facilitates the continued export of these specimens while ensuring compliance with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The decision to amend the list was made after appropriate consultation and consideration of public comments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as detailed in F2010L00652, modifies the criteria governing the exemption of certain native specimens from trade controls within Australia. Specifically, this legislative instrument revokes the previous conditions imposed on specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the Act, taken in the South Australian Giant Crab Fishery. It introduces new conditions that these specimens must be lawfully taken and remain exempt until 13 March 2015. This change aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability of the fishery management arrangements is upheld. The Minister for the Environment, Heritage and the Arts has consulted with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, before making this amendment, reflecting a broad consultation process. The amendment applies nationally and aims to facilitate the continued export of these specimens while maintaining ecological sustainability.

Key Provisions

The primary operative sections of this legislative instrument pertain to the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 3). These sections effectively revoke the conditions previously attached to the inclusion of certain specimens on the list and impose new conditions that will allow continued export of these specimens until 13 March 2015. Specifically, the specimens in question are those that are, or are derived from, fish or invertebrates taken in the South Australian Giant Crab Fishery, provided they are not of species listed under Part 13 of the EPBC Act. The new conditions mandate that these specimens must be taken lawfully and will remain exempt from trade control provisions until the specified date (section 3). The obligations imposed by this legislation on the parties or entities it governs are primarily concerned with the lawful taking of specimens and the adherence to the new conditions set forth. The Minister for the Environment, Heritage and the Arts must consult with other relevant ministers and stakeholders before making amendments to the list of exempt native specimens, as required by Subsection 303DC(3) of the EPBC Act (section 3). Additionally, the public was given an opportunity to comment on the proposed amendment, and all feedback was considered in the final decision (section 3). In terms of consequences for non-compliance, the legislation does not explicitly state offences, penalties, or specific consequences for breach. However, it is reasonable to infer that any failure to comply with the conditions for the inclusion of specimens on the list could result in legal action under the EPBC Act. Such actions might include revocation of the exemption status or other administrative penalties, although the specific penalties would be determined in the context of the broader provisions of the EPBC Act. The instrument, being a legislative instrument under the Legislative Instruments Act 2003, commenced on the day after its registration on the Federal Register of Legislative Instruments, which signifies its effective date and the applicability of its provisions (section 4).