Amendment of List of Exempt Native Specimens - South Coast Purse Seine Managed Fishery, WA (28/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the need for a comprehensive framework to protect and conserve Australia's environment, including its native flora and fauna. The Act aims to provide for the protection of the environment, particularly its native species, ecosystems, and heritage places of national and international significance. In this context, the Act establishes mechanisms to regulate the trade of native specimens, with certain exemptions where appropriate. To further refine these exemptions, an amendment to the List of Exempt Native Specimens was introduced under section 303DC of the Act. This amendment aims to exempt certain specimens derived from fish or invertebrates taken in the Western Australian South Coast Purse Seine Managed Fishery, subject to specific conditions and notations, thereby facilitating lawful trade while ensuring compliance with wildlife trade regulations. The amendment was made following consultation with relevant Ministers and authorities, including the Hon Jon Ford MLC, Minister for Fisheries, and the Department of Fisheries, Western Australia, as required by section 303DC of the Act. This legislative instrument, registered under the Legislative Instruments Act 2003, came into effect on the day after its registration on the Federal Register of Legislative Instruments, ensuring timely implementation and compliance with the new provisions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, pursuant to Section 303DC, applies specifically to specimens of fish and invertebrates taken in the Western Australian South Coast Purse Seine Managed Fishery, provided they are derived from species not listed under Part 13 of the Act. This legislative instrument exempts these specimens from the trade control provisions that apply to regulated native specimens, provided the specimens were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act. This amendment facilitates the continued export of these specimens without the need for export permits, as long as the relevant Wildlife Trade Operation declaration remains in force and the fishery adheres to its WTO conditions. If the WTO declaration expires or is revoked, the exemption will be removed, and export of these specimens will no longer be permitted. The jurisdictional reach of this amendment is national, applying across the Commonwealth of Australia, and it does not extend to any other fisheries or species not specified in the Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is amended to add certain fish and invertebrate specimens to the list of exempt native specimens, as specified in Section 303DC (1). Specifically, specimens or derivatives from fish and invertebrates, excluding those listed under Part 13 of the Act, taken in the Western Australian South Coast Purse Seine Managed Fishery are now exempt from the trade control provisions that apply to regulated native specimens (Section 303DB). This amendment allows for the continued export of these specimens without the need for export permits, provided certain conditions are met (Section 303DC(2)(b)). Under Section 303DC(2)(b)(i), the specimens must be taken lawfully. This means that the fish or invertebrates from which the specimens are derived must have been caught in compliance with all applicable laws and regulations. Additionally, the specimens must be covered by the declaration of an approved Wildlife Trade Operation (WTO) under Section 303FN of the Act. This declaration must be in force for the exemption to apply. The WTO must pertain to the fishery and must be approved under the Act. The WTO declaration will only remain valid as long as the fishery operates in accordance with its WTO conditions. 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. Section 303DC(2)(c) outlines the consultation process undertaken to facilitate this amendment. The amendment was subject to consultation with relevant Ministers, including the Hon Jon Ford MLC, Minister for Fisheries, and with the Department of Fisheries, Western Australia (Section 303DC(3)(a) and (c)). This consultation ensures that the amendment aligns with the regulatory framework governing wildlife trade and fisheries management. The instrument, being a legislative instrument under the Legislative Instruments Act 2003, commenced on the day following its registration on the Federal Register of Legislative Instruments (Section 303DC(4)). The unique identifying number for this instrument is EPBC303DC/SFS/2005/022. In terms of legal obligations, entities involved in the export of these specimens must ensure compliance with the WTO conditions. Failure to do so could result in the revocation of the WTO declaration, thereby negating the exemption and necessitating the acquisition of export permits. Furthermore, any illegal taking of specimens or non-compliance with the WTO conditions could lead to civil or criminal penalties under the Act. The maximum penalties for breaches of the Act can include substantial fines and imprisonment, depending on the severity of the offence. It is crucial for all parties involved to adhere to these provisions to avoid legal repercussions.