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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address environmental protection and biodiversity conservation in Australia. The Act aims to provide a framework for the protection of the environment, particularly focusing on matters of national environmental significance. In 2012, a legislative instrument was introduced to amend the List of Exempt Native Specimens under Section 303DC of the EPBC Act. This amendment was made by the Minister for Sustainability, Environment, Water, Population and Communities, following appropriate consultation with relevant stakeholders, including the Department of Primary Industries, Parks, Water and Environment. The legislative instrument sought to include certain fish and invertebrate specimens taken in the Tasmanian Abalone Fishery into the list of exempt native specimens, subject to specific conditions, thereby facilitating their continued export until 3 February 2017. The decision to include these specimens was guided by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument was registered on the Federal Register of Legislative Instruments and did not infringe on any rights or freedoms recognised under Australian law.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument modifies the EPBC Act by including certain specimens in the list of exempt native specimens, thus exempting them from the trade control provisions that apply to regulated native specimens. Specifically, the instrument includes specimens that are or are derived from fish or invertebrates, taken in the Tasmanian Abalone Fishery, provided that these specimens are not from species listed under Part 13 of the EPBC Act. This amendment allows for the continued export of these specimens until 3 February 2017, subject to the condition that the specimens or the fish or invertebrate from which they are derived were taken lawfully. The instrument is applicable nationally and aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant stakeholders, including the Department of Primary Industries, Parks, Water and Environment, and the proposal was also advertised for public comment. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is compatible with human rights and freedoms as recognised in international instruments.

Key Provisions

The main operative sections of this legislation (Section 303DC) amend the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). Specifically, it includes specimens that are or are derived from fish or invertebrates taken in the Tasmanian Abalone Fishery, excluding those from species listed under Part 13 of the EPBC Act. These specimens are exempt from trade control provisions applicable to regulated native specimens until 3 February 2017, provided they were taken lawfully. This amendment allows for continued export of these specimens until the specified date. The Act imposes certain obligations on the parties and entities it governs. Firstly, it mandates that specimens included in the list must be derived from fish or invertebrates taken in the Tasmanian Abalone Fishery, and they must be taken lawfully. The inclusion of these specimens in the list is conditional and time-limited, ending on 3 February 2017. Additionally, the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Commonwealth Ministers, State and Territory Ministers, and other appropriate persons and organisations before making any amendments to the list. This ensures a collaborative approach to managing the ecological sustainability of the fishery. Failure to comply with the provisions of this legislation can result in civil and criminal consequences. While the specific penalties for breach are not detailed in the explanatory statement, the Act generally provides for penalties that may include fines and imprisonment for violations of its provisions. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law and precedents. The Act also allows for the imposition of civil penalties for non-compliance, which can vary based on the specific breach and the discretion of the court. The legislative instrument is subject to the requirements of the Legislative Instruments Act 2003, and it was registered on the Federal Register of Legislative Instruments. It is noted that this instrument does not engage any of the applicable rights or freedoms, and it is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument commenced on the day after it was registered, ensuring that the changes to the list of exempt native specimens were implemented promptly and in accordance with legal requirements.