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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This legislation addresses the need to balance environmental conservation with economic activities, such as fisheries, by allowing for the exemption of certain native specimens from trade control provisions. Section 303DB of the Act enables the listing of exempt native specimens, facilitating controlled trade where ecological sustainability is assured. The policy objective behind this legislative instrument is to ensure that the export of certain fishery-derived specimens continues in an ecologically sustainable manner, in line with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The inclusion of specimens from the Tasmanian Rock Lobster Fishery in the list of exempt native specimens is subject to conditions ensuring their lawful acquisition and is intended to remain in effect until 5 February 2012.

Scope and Application

Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the establishment of a list of exempt native specimens, which are excluded from the trade control provisions that apply to regulated native specimens. This particular legislative instrument aims to include certain specimens derived from fish or invertebrates taken in the Tasmanian Rock Lobster Fishery in the list of exempt native specimens, subject to certain conditions. Specifically, the specimens must be derived from fish or invertebrates lawfully taken, and they must not belong to species listed under Part 13 of the Act. The inclusion of these specimens in the list is temporary, remaining in effect until 5 February 2012. This measure facilitates the continued export of these specimens until the specified date. The decision to include these specimens was influenced by the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, which establish criteria for assessing the ecological sustainability of relevant fisheries management arrangements. Before making amendments to the list, the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Commonwealth and State Ministers, as well as other persons and organisations deemed appropriate. In this case, the Delegate of the Minister consulted with the Department of Primary Industries, Parks, Water and Environment due to their management responsibilities for the fishery concerned. This instrument is a legislative instrument under the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the legislation, specifically Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish a list of exempt native specimens. This list exempts certain specimens from the trade control provisions that apply to regulated native specimens. For the purposes of this legislation, specimens that are or are derived from fish or invertebrates taken in the Tasmanian Rock Lobster Fishery, as defined in the Fisheries (Rock Lobster) Rules 2011 under the Tasmanian Living Marine Resources Management Act 1995, are included in this exempt list. It is important to note that this exemption does not apply to specimens belonging to species listed under Part 13 of the Act. The inclusion of these specimens in the list of exempt native specimens is subject to certain conditions. Primarily, the specimens must have been taken lawfully. Furthermore, the exemption is temporary and applies only until 5 February 2012. This inclusion is made in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, which provide criteria for assessing the ecological sustainability of fisheries management arrangements. The Act imposes several obligations on parties involved in the management and regulation of these specimens. Before amending the list of exempt native specimens, the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Commonwealth and State/Territory ministers, as well as other appropriate persons and organisations. In this instance, the Delegate of the Minister consulted with the Department of Primary Industries, Parks, Water and Environment, which has management responsibility for the fishery in question. This consultation process ensures that all relevant stakeholders are considered in the decision-making process. There are potential consequences for breaches of the provisions in this legislation. While specific offences and penalties are not detailed in the explanatory statement, the general framework of the EPBC Act provides for both civil and criminal penalties for breaches of its provisions. For instance, breaches of the Act could lead to fines, imprisonment, or both, depending on the nature and severity of the offence. The exact penalties would be determined by the courts based on the specific circumstances of each case.