Amendment of List of Exempt Native Specimens - Torres Strait Finfish Fishery, Commonwealth (29/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was introduced by the Australian Parliament to address the need for comprehensive protection of the environment and biodiversity. The Act aims to provide a national framework for the protection of the environment, particularly with respect to matters of national environmental significance. One aspect of this framework involves regulating the trade of native specimens, including both plants and animals, to prevent overexploitation and ensure sustainable use. To this end, the Act establishes a list of exempt native specimens, which are exempt from the stringent trade control provisions that apply to regulated native specimens. This legislative instrument amends the list of exempt native specimens under Section 303DC of the Act to include specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Torres Strait Finfish Fishery. This amendment is contingent upon the specimens being taken lawfully and covered by an approved Wildlife Trade Operation declaration. The policy objective of this amendment is to facilitate the continued lawful export of these specimens without the need for export permits, provided the relevant wildlife trade operation declaration remains in force and the fishery adheres to its conditions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended, includes provisions that allow for the regulation of trade in native specimens, with certain exemptions. Specifically, this legislation amends the List of Exempt Native Specimens under section 303DB, which pertains to specimens exempt from trade control provisions that apply to regulated native specimens. The amendment adds specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the Act, taken in the Torres Strait Finfish Fishery. The exemption is contingent on the specimens being taken lawfully and being covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act. This arrangement facilitates the continued export of these specimens without the need for export permits, provided the Wildlife Trade Operation declaration remains in force and the fishery adheres to its conditions. The exclusion of these specimens from the list of regulated native specimens is subject to consultation with relevant ministers and the Australian Fisheries Management Authority, as mandated by section 303DC of the Act. This legislative instrument is registered under the Legislative Instruments Act 2003 and came into effect the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislation, F2005L03815, involve the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) (Section 303DB). The Act establishes a list of specimens that are exempt from trade control provisions applicable to regulated native specimens. The amendment adds specific fish and invertebrate specimens, or those derived from them, taken in the Torres Strait Finfish Fishery, to this list. However, these specimens are exempt only if they meet certain conditions, such as being taken lawfully and being covered by a declaration of an approved Wildlife Trade Operation (WTO) under section 303FN of the Act. The obligations imposed by the Act on the parties and entities it governs include ensuring that the specimens added to the list of exempt native specimens are taken lawfully. Additionally, these specimens must be covered by a WTO declaration related to the fishery. The WTO must be in force for the continued export of these specimens to be permitted without export permits. The fishery must operate in accordance with the WTO conditions; otherwise, the WTO must be revoked, which would result in the removal of the specimens from the list of exempt native specimens, thus prohibiting their export. Failure to comply with the requirements of the Act can result in civil and criminal consequences. The specific offences, penalties, or consequences for breach are not detailed in the text, but generally, under the Act, breaches can lead to substantial fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant provisions within the Act or other applicable laws. The Act provides for enforcement by authorised officers who can issue infringement notices or lay charges where necessary.