Amendment of List of Exempt Native Specimens - Spanner Crab Fishery, QLD (29/01/2007)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment, particularly biodiversity, by providing mechanisms for the conservation and sustainable use of the natural environment. This Act serves as a critical legislative framework for the Australian Government to regulate activities that may impact the environment, ensuring that ecological processes are maintained and the biodiversity of the nation is preserved. In 2007, an amendment to the EPBC Act was introduced to modify the List of Exempt Native Specimens, as per section 303DC. This amendment was designed to facilitate the continued export of certain specimens derived from the Queensland Spanner Crab Fishery, subject to specific conditions, until 5 February 2012. The policy objective of this amendment was to balance the ecological sustainability of fisheries management with the economic benefits of legal trade, in accordance with the Australian Government's Guidelines for the ecologically sustainable management of fisheries. The amendment was subject to consultation with relevant Ministers and departments, including the Department of Primary Industries and Fisheries, Queensland.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2007L00228, pertains to the regulation of the trade of native specimens, specifically those derived from fish or invertebrates taken within the Queensland Spanner Crab Fishery. This Act applies to entities and individuals involved in the trade of native specimens, particularly those operating within the fishery sector. The geographic scope of this legislation is national, encompassing the Commonwealth of Australia, and it is applicable to all states and territories within the country. Notably, the Act excludes specimens of species listed under Part 13 of the EPBC Act, thus focusing its exemptions on those taken lawfully in the specified fishery. The inclusion of these specimens on the list of exempt native specimens is contingent on their lawful derivation and is set to remain in effect until 5 February 2012. The Act also adheres to the Australian Government's Guidelines for the ecologically sustainable management of fisheries, ensuring that the management arrangements for the fishery are assessed against established criteria. The legislative instrument itself was developed through consultation with relevant Ministers and the Department of Primary Industries and Fisheries, Queensland, as mandated by section 303DC of the Act.

Key Provisions

The primary sections of this legislation are section 303DB and section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 303DB allows for the establishment of a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. Section 303DC enables amendments to this list, including the addition of specific specimens. In this case, specimens that are or are derived from fish or invertebrates, other than those listed under Part 13 of the EPBC Act, taken in the Queensland Spanner Crab Fishery, have been added to the list of exempt native specimens. This addition is subject to certain notations: the specimens must be taken lawfully, and the exemption is valid until 5 February 2012. The Act imposes several obligations and requirements on the parties or entities it governs. For example, it mandates that any specimens included on the list must have been taken lawfully. This ensures that the trade of these specimens remains sustainable and does not contribute to illegal fishing practices. Additionally, the Act requires consultation with relevant ministers and departments, such as the Hon Tim Mulherin MP, Minister for Primary Industries and Fisheries, and the Department of Primary Industries and Fisheries, Queensland. This consultation process is intended to ensure that the ecological sustainability of the fisheries management arrangements is upheld. The legislation also outlines potential consequences for breaches of its provisions. Although specific offences and penalties are not detailed in the explanatory statement, breaches of the Environment Protection and Biodiversity Conservation Act 1999 could lead to civil or criminal penalties. These may include fines and imprisonment, depending on the severity of the breach and the specific provisions of the Act that have been contravened. The exact penalties would be determined in the context of a court case involving a breach of the Act.