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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for comprehensive environmental protection and biodiversity conservation measures. The Act establishes a framework for the protection of the environment, including the regulation of trade in native specimens. Section 303DC of the EPBC Act allows for the amendment of the List of Exempt Native Specimens, providing a mechanism to exempt certain specimens from trade control provisions. In accordance with this provision, the Act was amended to include specimens derived from fish or invertebrates taken in the Southern and Eastern Scalefish and Shark Fishery, subject to specific conditions. This amendment was made to facilitate the continued export of these specimens without requiring export permits while an approved wildlife trade operation declaration for the fishery is in force. The decision to amend the list was made after consultation with relevant authorities and stakeholders, including the Australian Fisheries Management Authority, and after considering public comments invited via the Department of Sustainability, Environment, Water, Population and Communities’ website.

Scope and Application

The F2013L00345 legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by updating the List of Exempt Native Specimens as per section 303DC. This amendment targets specimens derived from fish or invertebrates taken in the Southern and Eastern Scalefish and Shark Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act, except for those in the conservation dependent category. The inclusion of these specimens in the exempt list is contingent upon their lawful acquisition and coverage under a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This legislative adjustment aims to facilitate the continued export of these specimens without requiring export permits while an approved wildlife trade operation declaration remains in effect. The decision to amend the list was made after consulting the Australian Fisheries Management Authority, which has management responsibilities for the relevant fishery, and considering public feedback obtained through a 41-business-day comment period on the Department of Sustainability, Environment, Water, Population and Communities’ website. This legislative instrument does not infringe upon any rights or freedoms and is consistent with human rights and freedoms as declared in international instruments.

Key Provisions

The primary operative sections of this legislation, as referenced in Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), pertain to the amendment of the list of exempt native specimens. This amendment includes certain fish and invertebrate specimens, taken lawfully in the Southern and Eastern Scalefish and Shark Fishery, within the scope of the management plan under the Fisheries Management Act 1991 and the Fisheries Management Regulations 1992. These specimens are exempt from the trade control provisions applicable to regulated native specimens. The inclusion of these specimens in the list is subject to conditions, notably that they must be taken lawfully and must be covered by a declaration of an approved wildlife trade operation under Section 303FN of the EPBC Act. This amendment allows for the continued export of these specimens without requiring export permits, as long as the approved wildlife trade operation declaration is in force. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily centred on ensuring compliance with the conditions set forth for the inclusion of specimens in the list of exempt native specimens. Specifically, the specimens must be taken lawfully, meaning they must adhere to the laws governing the fishery in which they were taken. Additionally, these specimens must be part of a declared approved wildlife trade operation, which ensures that the trade of these specimens is managed in accordance with the EPBC Act. The Minister for Sustainability, Environment, Water, Population and Communities is mandated to consult with relevant authorities and stakeholders, such as the Australian Fisheries Management Authority, before making amendments to the list of exempt native specimens. Public consultation is also a requirement, where the proposal to amend the list is advertised, and feedback from interested parties is considered in the decision-making process. Breach of the provisions outlined in this legislation can result in civil or criminal consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is understood that violations of the EPBC Act can lead to substantial penalties. For example, unauthorised trade of regulated native specimens can result in fines and imprisonment under Section 475 of the Act, with penalties potentially reaching up to $375,000 for individuals and $1.875 million for corporations, or both. Additionally, the Minister has the authority to issue infringement notices for less severe breaches, with penalties as prescribed in the regulations. Compliance with the conditions for the exemption of certain fishery specimens is crucial to avoid these penalties and to ensure the ecological sustainability of the fishery in question.