Amendment of List of Exempt Native Specimens - Southern and Eastern Scalefish and Shark Fishery (25/02/2013) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework for the protection of the environment and biodiversity, particularly in relation to activities that have a significant impact across national borders or on matters of national environmental significance. This Act was introduced by the Parliament of Australia to provide a unified approach to environmental protection and to ensure that biodiversity is preserved and managed sustainably. In accordance with Section 303DC, the Act allows for the amendment of the list of exempt native specimens, ensuring that the trade of certain native species is controlled appropriately. The legislative instrument F2013L00346 amends the list of exempt native specimens by removing certain fish and invertebrate specimens taken in the Southern and Eastern Scalefish and Shark Fishery, except those belonging to species listed under Part 13 of the EPBC Act. This amendment was made after appropriate consultation with relevant authorities and stakeholders, and following a public consultation period.

Scope and Application

The Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act) is a Commonwealth Act that applies to a wide range of activities that have, or are likely to have, a significant impact on matters of national environmental significance. This includes the regulation of trade in native specimens, particularly those that are endangered or threatened. Section 303DC of the Act allows for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The legislative instrument F2013L00346 amends this list by removing certain specimens derived from fish or invertebrates taken in the Southern and Eastern Scalefish and Shark Fishery. These specimens are no longer exempt from the trade control provisions if they do not belong to species listed under Part 13 of the EPBC Act. The Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant authorities and stakeholders, including the Australian Fisheries Management Authority, and invited public comment before making the amendment. The legislative instrument is compatible with human rights and freedoms and did not engage any applicable rights or freedoms. It commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation (subsection 303DC(3) of the EPBC Act) concern the process and requirements for amending the list of exempt native specimens. Under these provisions, the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant ministers and authorities before making any amendments. In this case, the Minister consulted with the Australian Fisheries Management Authority, which has management responsibilities for the fishery in question. Additionally, the proposal was advertised on the Department's website, inviting public comment for 41 business days, and all received comments were considered in the final decision. The Act imposes several obligations on the Minister and other relevant parties. The Minister must consult with appropriate ministers and authorities and consider public comments before making any amendments to the list of exempt native specimens. This ensures that the changes are well-considered and take into account the views of stakeholders. Furthermore, the Minister must ensure that any amendments are compatible with human rights and freedoms as recognised or declared in international instruments. Breach of the provisions of the EPBC Act can result in both civil and criminal consequences. For example, individuals or entities that trade in regulated native specimens without the appropriate permits or approvals may face fines and/or imprisonment. The specific penalties for such breaches are not detailed in the Explanatory Statement but can be found in the relevant sections of the EPBC Act. It is important for parties governed by the Act to comply with its requirements to avoid these potential consequences. The instrument itself is a legislative instrument for the purposes of the Legislative Instruments Act 2003, and it does not engage any of the applicable rights or freedoms. Furthermore, it is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument came into effect on the day after it was registered on the Federal Register of Legislative Instruments, ensuring that the changes to the list of exempt native specimens are legally binding and enforceable.