Amendment of List of Exempt Native Specimens - Torres Strait Finfish Fishery (09/07/2013) (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 matters of national environmental significance. This legislation was introduced to address the need for a comprehensive framework that regulates activities impacting the environment, including the trade of native specimens. The Act was enacted by the Parliament of Australia, with a policy objective to ensure that environmental protection is integrated into decision-making processes at both federal and state levels. This specific amendment to the list of exempt native specimens under Section 303DC of the EPBC Act was made to refine the regulation of native specimens taken in the Torres Strait Finfish Fishery, ensuring that certain specimens are no longer exempt from trade control provisions. The amendment was subject to consultation with relevant authorities and was advertised for public comment, though no comments were received. This legislative instrument ensures alignment with existing environmental protection frameworks and does not infringe on any rights or freedoms recognised in international human rights instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a key piece of Australian environmental legislation that provides for the protection of the environment, including native flora and fauna. Section 303DB of the EPBC Act allows for the establishment of a list of exempt native specimens which are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument amends the list of exempt native specimens by removing certain fish and invertebrate specimens taken in the Torres Strait Finfish Fishery, except those belonging to species listed under Part 13 of the Act. This amendment applies to all persons and entities involved in the trade of these specimens within Australia, including those operating within the Commonwealth, state, and territory jurisdictions. Prior to making the amendment, the Environment Minister was required to consult with relevant ministers, the Protected Zone Joint Authority, the Australian Fisheries Management Authority, and invite public comment, although no comments were received in this instance. The legislative instrument is compatible with human rights and freedoms and commenced upon the commencement of the Torres Strait Finfish Fishery Management Plan 2013.

Key Provisions

The main operative sections of this legislation (F2013L01396) are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC allows the Environment Minister to amend this list, with a requirement to consult with relevant Commonwealth ministers and authorities before doing so. This particular amendment removes certain fish and invertebrate specimens from the list of exempt native specimens, unless they belong to species listed under Part 13 of the Act, and were taken in the Torres Strait Finfish Fishery. The obligations imposed by this Act on the parties it governs include a requirement for the Environment Minister to consult with relevant ministers and authorities before amending the list of exempt native specimens. In this instance, the Delegate of the former Minister for Sustainability, Environment, Water, Population and Communities consulted with the Protected Zone Joint Authority and the Australian Fisheries Management Authority, who have management responsibility for the fishery concerned. Additionally, the proposal to amend the list was advertised on the Department of Sustainability, Environment, Water, Population and Communities website, inviting comments from interested parties for a period of 21 business days. No comments were received. There are no explicit offences, penalties, or consequences mentioned in the legislation for breaching the provisions of the amended list of exempt native specimens. However, it is important to note that failure to comply with the EPBC Act's trade control provisions may result in criminal or civil penalties, as outlined in other sections of the Act. The maximum penalties for breaching the EPBC Act can include fines of up to AUD 1.1 million for corporations and AUD 220,000 for individuals, as well as potential imprisonment terms depending on the severity of the offence. These penalties apply to breaches of the Act in general and may be applicable to any non-compliance with the amended list of exempt native specimens as well.