Amendment of List of Exempt Native Specimens - Tasmanian Scallop Fishery (27/01/2012) (deletion)

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 biodiversity conservation and the management of matters of national environmental significance. This Act was introduced to address the need for a comprehensive legislative framework that could effectively manage and protect Australia's unique biodiversity and environmental heritage. The EPBC Act is administered by the Australian Parliament and aims to ensure that development and other activities do not have significant adverse impacts on the environment. One of its key mechanisms is the regulation of the trade of native specimens through the establishment of a list of exempt native specimens, which is intended to streamline and manage the trade of certain species while protecting others from over-exploitation. This legislative instrument amends the list of exempt native specimens by removing certain fish and invertebrate specimens from the Tasmanian Scallop Fishery, ensuring they are subject to appropriate trade controls.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a comprehensive framework for the protection of the environment, including native species and ecosystems. Section 303DC of the EPBC Act allows for the creation of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The F2012L00093 legislative instrument amends this list by removing specimens derived from fish or invertebrates taken in the Tasmanian Scallop Fishery, except for those belonging to species listed under Part 13 of the EPBC Act. This amendment applies to all entities and persons involved in the trade of these specimens within Australia’s jurisdictional reach. The amendment was made after the Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant departments and stakeholders, and after a public consultation period. This legislative instrument does not infringe upon any rights or freedoms and is compatible with human rights and freedoms as recognised in international instruments.

Key Provisions

The main operative sections of the legislation (Section 303DB) establish a list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This list exempts certain specimens from the trade control provisions that apply to regulated native specimens. The amendment to this list, as detailed in Section 303DC, removes specific specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, taken within the Tasmanian Scallop Fishery. This means that the trade of these specimens will now be subject to the same controls as other regulated native specimens. The Act imposes several obligations on parties and entities it governs. Firstly, it mandates the Minister for Sustainability, Environment, Water, Population and Communities to consult with relevant ministers and stakeholders before amending the list of exempt native specimens. This consultation process ensures that all relevant parties have the opportunity to provide input on proposed changes. Additionally, the proposal to amend the list must be advertised on the Department's website, inviting comments from interested individuals or entities for a specified period. In this instance, the proposal was advertised for 22 business days, and one comment was received. Failure to comply with the provisions of the EPBC Act may result in various civil and criminal consequences. While the specific offences, penalties, or consequences for breach are not detailed in the explanatory statement, it is generally understood that breaches of the Act can lead to significant penalties. For instance, unauthorised trade in regulated native specimens can result in fines and, in some cases, imprisonment. The maximum penalties can vary depending on the severity of the breach and are outlined in the relevant sections of the Act. Compliance with these regulations is essential to avoid legal repercussions and to ensure the conservation of native species.