Amendment of List of Exempt Native Specimens - Southern Bluefin Tuna Fishery (22/06/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address environmental protection and biodiversity conservation in Australia. It provides a framework for the protection of the environment, particularly by regulating activities that may have a significant impact on matters of national environmental significance. This legislation was introduced by the Parliament of Australia to fill a gap in comprehensive environmental protection laws, ensuring that biodiversity and ecological processes are preserved. The Act aims to prevent and mitigate environmental harm through the regulation of activities that affect the environment. The specific legislative instrument in question, F2010L01780, amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act, aiming to facilitate the continued export of certain fish and invertebrate specimens from the Southern Bluefin Tuna Fishery until a specified date, provided they meet certain conditions. The policy objective behind this amendment is to support the ecologically sustainable management of fisheries while ensuring compliance with the criteria set out in the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens targets fish and invertebrate specimens, excluding those species listed under Part 13 of the EPBC Act, that are taken within the Southern Bluefin Tuna Fishery. This amendment allows for the continued export of these specimens until 25 August 2010, provided they are lawfully taken under the restricted entry management regime of the Fisheries Management Act 1991, and that the fishery operates in accordance with the management arrangements for the Southern Bluefin Tuna Fishery. The inclusion of these specimens on the list of exempt native specimens is subject to specific conditions, including the requirement for the Australian Fisheries Management Authority to inform the Department of the Environment, Water, Heritage and the Arts of any intended amendments to the fishery’s management arrangements that may impact the assessment criteria for the EPBC Act decisions. This legislative instrument extends the jurisdictional reach of the EPBC Act to regulate the sustainable management of fisheries in Australia, aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Key Provisions

The main operative sections of this legislation concern the amendment of the List of Exempt Native Specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) (section 3). This amendment adds specific specimens taken in the Southern Bluefin Tuna Fishery to the list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens (section 3). These specimens include those derived from fish or invertebrates, except for species listed under Part 13 of the EPBC Act (section 3). The inclusion of these specimens is subject to certain conditions, such as the lawful taking of the specimens in accordance with the Fisheries Management Act 1991, and the operation of the fishery being carried out in accordance with the management arrangements for the Southern Bluefin Tuna Fishery (section 3). The specimens are included on the list until 25 August 2010, and the Australian Fisheries Management Authority must inform the Department of the Environment, Water, Heritage and the Arts of any intended amendments to the fishery's management arrangements (section 3). The obligations imposed by this Act on the parties or entities it governs are primarily concerned with ensuring that the specimens included on the list of exempt native specimens meet the specified conditions. The specimens must be derived from fish or invertebrates taken in the Southern Bluefin Tuna Fishery and must be taken lawfully in accordance with the restricted entry management regime under the Fisheries Management Act 1991 (section 3). The Australian Fisheries Management Authority must also inform the relevant Department of any intended amendments to the management arrangements for the fishery that may affect the assessment of the fishery against the criteria on which EPBC Act decisions are based (section 3). Additionally, the fishery must operate in accordance with the management arrangements for the Southern Bluefin Tuna Fishery in force under the Fisheries Management Act 1991 (section 3). The legislation includes provisions for offences, penalties, or civil/criminal consequences for breach. However, the specific penalties or consequences are not detailed within the text of this instrument. It is noted that the instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003, and it commenced on the day after it was registered on the Federal Register of Legislative Instruments (section 10). The Minister for Environment Protection, Heritage and the Arts must consult with other relevant ministers and stakeholders before amending the list, and the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts' website, inviting comments for a period of 21 days (section 6). All comments received were taken into account in the decision to include the fishery on the list of exempt native specimens.