Amendment of List of Exempt Native Specimens - Tasmanian Abalone Fishery (31/01/2012) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the pressing need for comprehensive protection of the environment and biodiversity in Australia. This legislation provides a framework for the protection of the environment, including biodiversity, heritage, and matters of national environmental significance. In accordance with the Act, the Environment Protection and Biodiversity Conservation Amendment (List of Exempt Native Specimens) Instrument 2012 was introduced to amend the list of exempt native specimens under Section 303DC of the EPBC Act. This legislative instrument was developed by the Minister for Sustainability, Environment, Water, Population and Communities, following consultation with relevant stakeholders, including the Department of Primary Industries, Parks, Water and Environment. The policy objective of this amendment is to ensure that the management of native specimens aligns with the broader aims of the EPBC Act, particularly concerning the conservation of biodiversity and sustainable use of natural resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act, 1999, as amended by the instrument F2012L00145, pertains to the management and regulation of native specimens, specifically concerning their trade and conservation. This legislation applies to entities and individuals involved in the trade of native specimens, particularly those within the Tasmanian Abalone Fishery. The amendments outlined in this instrument affect specimens derived from fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act. The scope of the Act extends to the entire Commonwealth, ensuring a unified approach to the conservation and trade regulation of native specimens across Australia. While the Act generally regulates trade and conservation of these specimens, it excludes certain species as listed under Part 13 of the EPBC Act, providing a nuanced approach to specimen management. The application of the Act may be further refined through subordinate instruments, which allow for detailed regulation and adaptation to specific circumstances.

Key Provisions

The primary operative sections of this legislative instrument, specifically under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), involve amendments to the list of exempt native specimens as outlined in section 303DB (subsection 303DC). Under these provisions, specimens previously exempt from trade control provisions have been removed from the list, with particular focus on specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, taken within the Tasmanian Abalone Fishery as defined in the Fisheries (Abalone) Rules 2000. This amendment means that such specimens are no longer exempt from the trade control provisions that apply to regulated native specimens. The Act imposes several obligations and requirements on the parties and entities it governs. Most notably, it mandates that before amending the list of exempt native specimens, the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Ministers and stakeholders as appropriate. This ensures that the changes are well-considered and take into account the various interests and responsibilities of the involved parties. Additionally, the proposal to amend the list must be advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website, inviting comments from interested individuals or groups for a specified period. This process ensures transparency and provides an opportunity for public input. Breaches of the amended provisions under the EPBC Act can lead to both civil and criminal consequences. While the specific penalties are not detailed in the explanatory statement, it is common under environmental legislation for violations to result in fines, imprisonment, or both, depending on the severity of the breach. The exact penalties would be determined by the courts, taking into account the nature and circumstances of the offence. The legislative instrument is designed to ensure compliance with the Act's provisions, thus protecting biodiversity and managing the trade of native specimens in a sustainable manner.