Amendment of List of Exempt Native Specimens - Tasmanian Giant Crab Fishery (22/02/2013) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a key piece of Australian legislation designed to protect the environment and biodiversity. The Act provides a framework for the protection of the environment, including the regulation of trade in native species to prevent overexploitation and ensure sustainable use. This legislative instrument, F2013L00291, is an amendment to the list of exempt native specimens as outlined in Section 303DB of the EPBC Act. By removing certain specimens from the list of exempt native specimens, the Act aims to tighten controls on the trade of these specimens, particularly those taken from the Tasmanian Giant Crab Fishery. The amendment was enacted following appropriate consultations with relevant stakeholders, including the Tasmanian Department of Primary Industries, Parks, Water and Environment, to ensure that the changes align with broader environmental protection objectives. This legislative instrument does not infringe upon any rights or freedoms and is consistent with human rights as recognised in relevant international instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment instrument pertains to the list of exempt native specimens under Section 303DB, which exempts certain specimens from trade control provisions applicable to regulated native specimens. This particular amendment removes specific specimens or those derived from fish or invertebrates, taken within the Tasmanian Giant Crab Fishery, from the list of exempt native specimens, subject to certain conditions. These specimens are removed from the list only if they do not belong to species listed under Part 13 of the EPBC Act, and their exemption is contingent on the fishery's compliance with the Tasmanian Fisheries (Giant Crab) Rules 2006, as managed by the Tasmanian Department of Primary Industries, Parks, Water and Environment. The instrument's application is restricted to the Commonwealth jurisdiction, as it pertains to the management of a specific fishery within Tasmania. Before effecting this amendment, the Minister for Sustainability, Environment, Water, Population and Communities was required to consult with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, in accordance with Subsection 303DC(3) of the EPBC Act. This legislative instrument is a formal instrument under the Legislative Instruments Act 2003 and is compatible with human rights and freedoms as declared in relevant international instruments.

Key Provisions

The main operative sections of this legislative instrument concern the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303DB and 303DC). Section 303DB outlines the establishment of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. Section 303DC specifically addresses the process of amending this list. In this instance, the instrument removes certain specimens from the list of exempt native specimens, namely those derived from fish or invertebrates taken in the Tasmanian Giant Crab Fishery, unless they belong to species listed under Part 13 of the EPBC Act. The Act imposes several obligations on parties or entities governed by it. Firstly, before amending the list of exempt native specimens, the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant ministers from other Commonwealth jurisdictions and state and territory governments (section 303DC(3)). Additionally, the minister may consult with other relevant persons and organisations deemed appropriate. In this particular case, consultation was conducted with the Tasmanian Department of Primary Industries, Parks, Water and Environment, given its management responsibilities over the fishery in question. In terms of offences, penalties, or consequences for breach, the legislative instrument itself does not explicitly outline these aspects. However, the EPBC Act generally provides for both civil and criminal penalties for breaches of its provisions. Civil penalties can include fines up to a substantial amount, and in some cases, criminal penalties can include imprisonment, particularly for more severe or repeated breaches. The specific penalties would depend on the nature and severity of the breach under the EPBC Act. This legislative instrument is designed to ensure that any amendments to the list of exempt native specimens are made in consultation with relevant authorities and stakeholders, thus maintaining the integrity and effectiveness of the environmental protection measures under the EPBC Act.