Amendment of List of Exempt Native Specimens - South Coast Trawl Fishery, WA (29/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999, amended by legislative instrument F2005L03839, seeks to address a specific gap in the regulation of trade for certain native specimens derived from fish or invertebrates. This amendment was introduced to facilitate the continued lawful export of specimens from the Western Australian South Coast Trawl Fishery without the need for export permits, provided they are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act. This legislative instrument was enacted to ensure that trade in these specimens complies with the wildlife trade operation conditions, thereby maintaining the balance between environmental protection and economic activity. The instrument was developed following consultation with relevant Commonwealth and state ministers and authorities, ensuring a coordinated approach to the management of native species trade. The objective is to streamline export processes while preserving ecological integrity and adherence to regulatory standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies specifically to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Western Australian South Coast Trawl Fishery. This amendment exempts these specimens from the trade control provisions applicable to regulated native specimens, provided they are taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. This legislative change ensures that the export of these specimens can continue without requiring export permits, as long as the relevant wildlife trade operation declaration remains in force. However, if the fishery WTO expires or is revoked, the declaration will no longer apply, and the specimens will no longer be exempt, thereby prohibiting their export. This legislative instrument is applicable nationally, as it is an amendment to the Commonwealth's Environment Protection and Biodiversity Conservation Act 1999, and it commenced on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes specific provisions that allow for the exemption of certain native specimens from trade control requirements. Section 303DB of the Act establishes a list of exempt native specimens, which are not subject to the same regulations as those imposed on regulated native specimens. Under this legislative instrument, F2005L03839, certain specimens from the Western Australian South Coast Trawl Fishery are added to this list. These include specimens or those derived from fish or invertebrates, provided they are not from species listed under Part 13 of the EPBC Act. This amendment aims to facilitate the continued export of these specimens without the need for export permits, as long as the wildlife trade operation (WTO) declaration is in effect. To be eligible for this exemption, it is mandatory that the specimens or the fish or invertebrates from which they are derived were taken lawfully. Additionally, these specimens must be covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. This declaration must be in relation to the fishery in question. Essentially, this means that the fishery must adhere to the conditions set out in the WTO or risk having the WTO revoked. If the WTO expires or is revoked, the specimens will no longer be exempt from trade controls, and export will not be permitted. The Act imposes several obligations and requirements on the parties involved, primarily focusing on compliance with WTO conditions and lawful taking of specimens. The entities responsible for the fishery must ensure that all operations comply with the WTO conditions. This includes maintaining the WTO declaration, which is a critical requirement for the continued exemption of the specimens from trade control provisions. Failure to meet these obligations could result in the revocation of the WTO declaration and the cessation of lawful export of these specimens. In terms of consequences for breach, the Act does not explicitly state penalties for non-compliance within this legislative instrument. However, the revocation of a WTO declaration would effectively end the exemption from trade control provisions, which could have significant implications for the export activities of the fishery. Furthermore, any unlawful taking of specimens could lead to additional penalties under other relevant sections of the EPBC Act or other applicable legislation, potentially including fines and other enforcement actions.