Amendment of List of Exempt Native Specimens - Southern Bluefin Tuna Fishery (12/08/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the Australian environment, particularly with respect to matters of national environmental significance. This Act was introduced to address the need for comprehensive environmental protection and biodiversity conservation in Australia, aiming to ensure the sustainable use of natural resources and the preservation of ecological processes. The Act was enacted by the Parliament of Australia and seeks to maintain ecological processes and the biological diversity of Australia's ecosystems. In accordance with Section 303DC of the EPBC Act, this legislative instrument amends the List of Exempt Native Specimens by revoking existing conditions for certain fish and invertebrate specimens taken in the Southern Bluefin Tuna Fishery. The new conditions impose requirements such as the lawful taking of specimens, their inclusion in the list until a specified date, and the obligation for the Australian Fisheries Management Authority to notify relevant departments of any changes to the fishery's management arrangements that may impact the assessment criteria under the EPBC Act. This amendment was made following consultations with relevant stakeholders and in consideration of the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment, specifically targeting the List of Exempt Native Specimens under section 303DC, modifies the conditions governing the exemption of certain specimens from trade controls. This Act applies to specimens derived from fish or invertebrates taken in the Southern Bluefin Tuna Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. The primary condition for exemption is that the specimens must have been lawfully taken, and they are included in the list until 21 October 2010. The amendment also mandates that the Australian Fisheries Management Authority inform the relevant Department of any changes to the fishery's management arrangements that may impact the ecological sustainability assessment. This legislation, applicable nationally, facilitates the continued export of these specimens until the specified date while adhering to the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The decision-making process involved consultation with relevant ministers and stakeholders, ensuring a broad-based approach to the amendment.

Key Provisions

The primary sections of this legislation (section 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999) involve the amendment of the list of exempt native specimens, specifically concerning specimens taken from the Southern Bluefin Tuna Fishery. According to section 303DB, specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken within the Southern Bluefin Tuna Fishery as defined in the Southern Bluefin Tuna Fishery Management Plan 1995, are to be included in the list of exempt native specimens. Section 303DC outlines the process for amending this list, including the requirement for consultation with relevant ministers and stakeholders, and the public invitation for comments on the proposed changes. Under this legislation, the obligations imposed on the parties include ensuring that any specimens taken are done so lawfully, adhering to the specified conditions under which the specimens are listed as exempt, and complying with the timeframe stipulated for their inclusion in the list, which is until 21 October 2010. Furthermore, the Australian Fisheries Management Authority is obligated to inform the Department of the Environment, Water, Heritage and the Arts of any intended amendments to the fishery’s management arrangements that could impact the assessment of the fishery against the criteria established by the EPBC Act. Should there be any breach of the conditions outlined in the legislation, the consequences can be both civil and criminal, depending on the nature and severity of the breach. While the specific penalties are not detailed in the explanatory statement, breaches of environmental legislation generally can result in substantial fines and potential imprisonment. The precise penalties would be determined by the relevant court based on the specific circumstances of the offence. It is essential for all parties involved to adhere to the legislative requirements to avoid facing these consequences.