Amendment of List of Exempt Native Specimens - Southern Squid Jig Fishery - deletion (24/11/2009)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, particularly with respect to matters of national environmental significance. This includes the conservation of biodiversity, ecological processes, heritage places, and the management of activities that may impact these areas. The problem or gap this Act was introduced to address is the need for a comprehensive legal framework to manage and conserve Australia’s unique biodiversity and ecosystems, ensuring sustainable use and protection against degradation. The enacting body was the Parliament of Australia, with a policy objective to integrate environmental considerations into decision-making processes to promote sustainable development. This legislative instrument, F2009L04359, amends the List of Exempt Native Specimens under the EPBC Act by removing certain specimens derived from fish or invertebrates taken in the Southern Squid Jig Fishery, except those belonging to species listed under Part 13 of the EPBC Act. This amendment was necessary to adjust the list in preparation for the addition of a new item related to this fishery. The process involved consultation with relevant authorities, including the Australian Fisheries Management Authority, and a period for public comment. The instrument aims to ensure that the regulatory framework remains effective and up-to-date, reflecting current management practices and conservation needs.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment instrument, identified as F2009L04359, pertains to the modification of the List of Exempt Native Specimens under Section 303DC of the Act. This legislative amendment specifically targets specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, that are taken within the Southern Squid Jig Fishery. This fishery is defined by the Southern Squid Jig Fishery Management Plan 2004, which operates under the Fisheries Management Act 1991. By removing these specimens from the list of exempt native specimens, the instrument ensures that they are subject to the trade control provisions applicable to regulated native specimens, thereby tightening the regulatory framework around their trade. The amendment follows the consultation process stipulated in the Act, involving relevant Commonwealth and state ministers, as well as the Australian Fisheries Management Authority. Additionally, the proposal was publicly advertised, and feedback from interested parties was considered before finalizing the amendment. This instrument is effective from the day it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The key operative sections of this legislation (F2009L04359) revolve around the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB provides for the establishment of a list of exempt native specimens, while section 303DC(1)(b) allows for the amendment of this list. This legislative instrument (section 303DC(3)) mandates that the Minister for the Environment, Heritage and the Arts must consult with relevant Commonwealth and state ministers, as well as other relevant stakeholders, before making any amendments to the list. In this case, the Delegate of the Minister consulted with the Australian Fisheries Management Authority (AFMA) due to their management responsibilities for the Southern Squid Jig Fishery. Additionally, the proposal was advertised on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website, inviting public comment for 24 days. All comments were considered in the final decision-making process. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, the Minister for the Environment, Heritage and the Arts must consult with relevant stakeholders, such as other ministers and AFMA, before amending the list of exempt native specimens. This ensures that all relevant parties have an opportunity to provide input and feedback on the proposed changes. Secondly, the Act requires the Minister to advertise the proposal on the DEWHA website and invite public comment for a specified period. This allows interested individuals and organisations to express their views on the proposed amendments, which are then considered in the decision-making process. Finally, the Act mandates that the Minister must take into account all comments received when making the final decision on whether to amend the list of exempt native specimens. There are no explicit offences, penalties, or consequences for breach outlined in this legislation. However, failure to comply with the consultation and public comment requirements could potentially lead to legal challenges or disputes regarding the validity of the amended list of exempt native specimens. It is important for the Minister to follow the prescribed process to ensure that the amended list is legally sound and has considered the input of relevant stakeholders and the public. Additionally, non-compliance with the trade control provisions for regulated native specimens could result in civil or criminal penalties under the EPBC Act, as well as potential enforcement actions by the relevant authorities.