Amendment of List of Exempt Native Specimens - Tasmanian Giant Crab Fishery - deletion (15/07/2009)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act, through its amendment of the List of Exempt Native Specimens as outlined in the F2009L02911 legislative instrument, seeks to address specific issues related to the management and conservation of native specimens. The 2009 amendment, introduced by the Minister for Environment, Heritage and the Arts, specifically targets specimens from the Tasmanian Giant Crab Fishery, removing them from the list of exempt native specimens. This change aims to ensure that these specimens are subject to the same trade control provisions as other regulated native specimens, thereby strengthening conservation efforts. The amendment process involved consultation with relevant Tasmanian authorities and a public consultation period, although no comments were received. This legislative instrument is intended to enhance biodiversity conservation by ensuring that the management of native specimens aligns with broader environmental protection objectives.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, through its amendment of the list of exempt native specimens, regulates the trade of native specimens across Australia. Specifically, this legislative instrument pertains to the removal of certain fish and invertebrate specimens, excluding those listed under Part 13, taken within the Tasmanian Giant Crab Fishery, from the list of exempt native specimens. This means that these specimens will no longer be exempt from the trade control provisions that apply to regulated native specimens, thereby subjecting them to stricter regulations. The amendment applies nationally, with the changes extending to all entities and persons involved in the trade of these specimens, thereby impacting industries reliant on these resources. The jurisdictional reach is Commonwealth, with state consultations having been conducted as part of the legislative process. This amendment is underpinned by the requirement for consultation with relevant state ministers and departments, as well as public consultation, ensuring a broad consideration of the implications of the changes.

Key Provisions

The main operative sections of the amendment to the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involve the removal of certain specimens from the list of exempt native specimens (Section 303DB). Specifically, the specimens that are, or are derived from, fish or invertebrates taken in the Tasmanian Giant Crab Fishery, other than those listed under Part 13 of the Act, are to be removed from the exempt list (Section 303DC(3)). This amendment is intended to ensure that these specimens are subject to the same trade control provisions as regulated native specimens. The Act imposes several obligations on the parties and entities it governs. Firstly, it mandates that the Minister for the Environment, Heritage and the Arts must consult with relevant Commonwealth Ministers, State and Territory Ministers, and other appropriate persons or organisations before making any amendments to the list of exempt native specimens (Section 303DC(3)). In this case, consultation took place with the Tasmanian Minister for Primary Industry and Water and the Tasmanian Department of Primary Industry and Water. Additionally, the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website, inviting public comment for a period of 22 days. This ensures transparency and allows for stakeholder input before any changes are implemented. There are no explicit offences, penalties, or civil/criminal consequences outlined in the text for breach of the provisions regarding the amendment of the list of exempt native specimens. However, the overall framework of the EPBC Act does include provisions for enforcement and penalties for breaches of its trade control provisions and other regulations. For instance, under Section 505 of the EPBC Act, unauthorised actions that contravene the Act can lead to civil or criminal penalties, including substantial fines and imprisonment, depending on the severity and nature of the offence. The specific penalties would be determined in accordance with the relevant sections of the Act and any applicable regulations or guidelines.