Amendment of List of Exempt Native Specimens - Tasmanian Rock Lobster Fishery (19/10/2011) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, biodiversity, and heritage places by regulating actions that may have a significant impact. This Act addresses gaps in environmental protection by controlling activities that could potentially harm native species and ecosystems. The policy objective is to ensure that the conservation of biodiversity and the sustainable use of natural resources are prioritised in decision-making processes. The legislation mandates consultation with relevant stakeholders before amending the list of exempt native specimens, as outlined in Section 303DC. This particular amendment, F2011L02120, was introduced to exclude certain specimens from the list of exempt native specimens, specifically those taken in the Tasmanian Rock Lobster Fishery, with the consultation process involving relevant state and federal departments to ensure the changes align with broader environmental and fisheries management goals. The instrument was registered and commenced on the date of its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act) governs the management of environmental protection and biodiversity conservation in Australia. Section 303DC of the Act facilitates the establishment of a list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. The legislative instrument F2011L02120 amends this list by removing certain specimens derived from fish or invertebrates taken in the Tasmanian Rock Lobster Fishery, as defined in the Fisheries (Rock Lobster) Rules 2006 under the Tasmanian Living Marine Resources Management Act 1995, unless these specimens belong to species listed under Part 13 of the EPBC Act. This amendment applies to the Commonwealth and affects the management of native specimens within the specified fishery in Tasmania. The Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant stakeholders, including the Department of Primary Industries, Parks, Water and Environment, before making this amendment. This legislative instrument is a formal legislative instrument under the Legislative Instruments Act 2003 and commenced on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation are Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. Section 303DC allows for amendments to this list, and requires that before making such amendments, the Minister for Sustainability, Environment, Water, Population and Communities must consult relevant Commonwealth Ministers and State or Territory Ministers, as well as other persons and organisations deemed appropriate. In this instance, the Delegate of the Minister consulted with the Department of Primary Industries, Parks, Water and Environment. The instrument amends the list of exempt native specimens by removing certain specimens taken in the Tasmanian Rock Lobster Fishery, unless they belong to species listed under Part 13 of the EPBC Act. The Act imposes specific obligations and requirements on the parties or entities it governs. Firstly, it requires the Minister to consult with relevant authorities before amending the list of exempt native specimens. This ensures that any changes to the list are made with due consideration of the potential impacts on biodiversity and conservation. Secondly, it mandates that specimens taken in the Tasmanian Rock Lobster Fishery, except those belonging to species listed under Part 13 of the Act, are no longer exempt from trade control provisions. This change may affect the management and regulation of the fishery and the trade of these specimens. The legislation also outlines potential offences, penalties, or consequences for breaches. However, the specific penalties and consequences for breaching the amended provisions are not explicitly stated in the Explanatory Statement. Generally, under the EPBC Act, breaches of the Act or its regulations can result in both civil and criminal penalties. Civil penalties may include fines up to a significant amount, depending on the nature and severity of the offence, while criminal penalties can include fines and/or imprisonment. These penalties are intended to deter non-compliance and enforce the protection of biodiversity and the environment.