Amendment of List of Exempt Native Specimens - South Coast Crustacean Fishery, WA (17/09/2004)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly its biodiversity, and to regulate activities that may have a significant impact on it. The Act addresses the problem of ensuring that the trade of native specimens, particularly those derived from fish and invertebrates, complies with national and international standards for sustainability and conservation. This legislative instrument is an amendment by the Delegate of the Minister for the Environment and Heritage, made under the authority of the Act, to update the list of exempt native specimens. The policy objective is to facilitate lawful trade of specimens derived from sustainable fisheries while ensuring compliance with environmental protection measures. Specifically, the amendment includes specimens from the Western Australian South Coast Crustacean Fishery in the list of exempt native specimens, subject to conditions that the specimens were taken lawfully and are covered by an approved Wildlife Trade Operation declaration. This amendment aims to balance the need for economic activity with the imperative to protect and conserve native biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by this legislative instrument, pertains specifically to the inclusion of certain specimens within the list of exempt native specimens. This amendment applies to specimens that are or are derived from fish or invertebrates taken in the Western Australian South Coast Crustacean Fishery, with the caveat that these specimens must not belong to species listed under Part 13 of the Act. The legislative change is geographically focused on the waters of the Western Australian South Coast Crustacean Fishery, thereby affecting the operations within this particular fishery. This amendment is subject to the conditions that the specimens must be lawfully taken and be covered by the declaration of an approved Wildlife Trade Operation under Section 303FN of the Act. The intent behind this amendment is to regulate and exempt certain native specimens from additional licensing requirements, provided the aforementioned conditions are met.

Key Provisions

The main operative sections of this legislative instrument pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, section 303DC(1) authorises the Delegate of the Minister for the Environment and Heritage to amend the list of exempt native specimens. Under section 303DB of the Act, this list is established to provide certain exemptions from permit requirements for certain native specimens. This amendment adds specimens that are or are derived from fish or invertebrates, taken in the Western Australian South Coast Crustacean Fishery, to the list of exempt native specimens. However, these specimens are subject to specific conditions, namely, they must be lawfully taken and must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act. The Act imposes several obligations and requirements on the parties or entities it governs. For instance, any person or entity handling or trading in these specimens must ensure that the specimens were taken lawfully. This includes adhering to all relevant fishing regulations and obtaining any necessary permits or authorisations as required by other applicable laws. Furthermore, the specimens must be covered by a declaration of an approved Wildlife Trade Operation. This means that the trade in these specimens must comply with the conditions and requirements set out in the declaration, which is issued under section 303FN of the Act. This declaration ensures that the trade is conducted in a manner that does not threaten the survival of the species and complies with Australia's international obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Failure to comply with the conditions and requirements of the amended list of exempt native specimens can result in various civil and criminal consequences. Under the Act, breaches of the conditions can lead to offences, which may be subject to penalties. While the specific penalties are not detailed in this legislative instrument, they can include substantial fines and, in some cases, imprisonment. For instance, section 476 of the Act provides for penalties of up to $222,200 or imprisonment for five years, or both, for serious breaches. Additionally, there may be civil consequences such as the imposition of fines or other sanctions by relevant regulatory authorities. The precise penalties depend on the nature and severity of the breach, as well as any applicable guidelines or precedents set by courts or regulatory bodies.