Amendment of List of Exempt Native Specimens - Southern and Eastern Scalefish and Shark Fishery (29/06/2012)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection and conservation of biodiversity, particularly focusing on regulated native specimens and their trade. One aspect of the Act involves the regulation of trade in native specimens, with certain specimens being exempt from these controls. To refine the list of exempt specimens, a legislative instrument was introduced to amend the list of exempt native specimens in line with Section 303DC of the EPBC Act. This amendment specifically removes specimens derived from fish or invertebrates, excluding those listed under Part 13, taken in the Southern and Eastern Scalefish and Shark Fishery, from the list of exempt native specimens. The Minister for Sustainability, Environment, Water, Population and Communities, responsible for the enactment, consulted with the Australian Fisheries Management Authority and invited public comment on the proposed changes, ensuring transparency and stakeholder engagement in the legislative process. This amendment ensures that the list of exempt specimens reflects current management needs and regulatory objectives.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) amendment, as outlined in F2012L01619, modifies the List of Exempt Native Specimens pursuant to Section 303DC of the Act. This amendment targets specimens derived from fish or invertebrates, specifically excluding those listed under Part 13 of the EPBC Act, which are taken within the Southern and Eastern Scalefish and Shark Fishery. The Act applies to entities and persons involved in the trade or management of native specimens, particularly those within the scope of the Southern and Eastern Scalefish and Shark Fishery. The amendment extends across the Commonwealth, ensuring a unified approach to the regulation of native specimens throughout Australia. This legislative instrument was subject to consultation with relevant ministers and stakeholders, including the Australian Fisheries Management Authority, and feedback from the public was considered before finalisation. This amendment does not infringe on any rights or freedoms and aligns with human rights as recognised in international instruments. The legislative changes took effect on the day following registration.

Key Provisions

The main operative sections of the amending instrument (F2012L01619) pertain to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DC is amended to revise the list of exempt native specimens. This amendment involves removing certain fish and invertebrate specimens, or those derived from them, taken in the Southern and Eastern Scalefish and Shark Fishery from the list of exempt specimens (subsection 303DB). These specimens will no longer be exempt from the trade control provisions that apply to regulated native specimens. The Act imposes certain obligations and requirements on the parties and entities it governs. According to Section 303DC(3) of the EPBC Act, before making amendments to the list of exempt native specimens, the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Commonwealth ministers, State ministers, and potentially other persons and organisations as deemed appropriate. In this case, the Minister consulted with the Australian Fisheries Management Authority due to their management responsibilities over the fishery in question. Additionally, the proposal to amend the list was advertised on the Department's website, inviting public comments for 41 business days. All comments received were considered in the decision-making process. Failure to comply with the provisions of the EPBC Act and the amendments made by this instrument may result in various civil and criminal consequences. Although the specific offences and penalties are not detailed in this explanatory statement, breaches of the Act can generally lead to fines and/or imprisonment, with the severity of the penalty depending on the nature and extent of the breach. The Act is designed to protect biodiversity and manage the trade of native specimens, and violations can have significant legal repercussions for individuals and entities involved in such activities.