Amendment of List of Exempt Native Specimens - Torres Strait Prawn Fishery (13/03/2013) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect Australia's environment and biodiversity, particularly those aspects that fall under federal jurisdiction. This legislation aims to regulate activities that may have a significant impact on the environment, including the protection of native species through trade controls. The Act establishes a list of exempt native specimens to streamline regulatory processes for certain species while maintaining protections for others. The legislative instrument F2013L00491 amends the list of exempt native specimens under section 303DC of the EPBC Act. The Minister for Sustainability, Environment, Water, Population and Communities, in consultation with relevant authorities and the public, proposed to remove specimens derived from fish or invertebrates taken in the Torres Strait Prawn Fishery from the list of exempt specimens, subjecting them to trade controls similar to those applied to regulated native specimens. This amendment was made without eliciting any public comments and ensures the legislative instrument aligns with broader environmental protection objectives.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and persons, encompassing industries and conduct that involve the trade of native specimens. The act operates on a national level, with the Commonwealth holding jurisdiction over the regulation of such activities. This particular legislative instrument pertains to the amendment of the list of exempt native specimens, specifically removing certain fish and invertebrate specimens taken in the Torres Strait Prawn Fishery from the list of exemptions. This change affects the management of native specimens within the fishery, ensuring that these specimens are subject to the trade control provisions that apply to regulated native specimens. The geographic reach of this amendment is limited to the Torres Strait Prawn Fishery as defined by the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulation 1985. The exclusions within this legislative instrument pertain to specimens belonging to species listed under Part 13 of the EPBC Act. The application of the act can be extended or restricted through subordinate instruments as deemed appropriate by the Minister for Sustainability, Environment, Water, Population and Communities.

Key Provisions

The main operative sections of this legislation pertain to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and specifically address the amendment of the list of exempt native specimens (Section 303DB and 303DC). This amendment concerns the removal of certain specimens from the list of those exempt from the trade control provisions that apply to regulated native specimens. More precisely, the specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the Torres Strait Prawn Fishery as defined in the Torres Strait Prawn Fishery Management Plan 2009 under the Torres Strait Fisheries Act 1984 and Torres Strait Fisheries Regulation 1985, are to be removed from the list of exempt native specimens. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, the Minister for Sustainability, Environment, Water, Population and Communities is required to consult with other relevant Ministers and authorities before amending the list of exempt native specimens (Section 303DC(3)). In this instance, the Minister consulted with the Australian Fisheries Management Authority acting on behalf of the Protected Zone Joint Authority, which administers the management responsibilities for the fishery concerned. Furthermore, the proposal to amend the list of exempt native specimens was advertised on the Department of Sustainability, Environment, Water, Population and Communities' website, and comments were invited from interested parties for a period of 22 business days. No comments were received. In terms of potential offences, penalties, or consequences for breach, the legislation does not explicitly mention any specific sanctions for non-compliance with the amendment of the list of exempt native specimens. However, it is worth noting that the EPBC Act as a whole includes various offences and penalties for breaches related to the trade of regulated native specimens, such as fines and imprisonment terms. The maximum penalties for breaches of the EPBC Act vary depending on the specific offence and jurisdiction, and may include fines of up to AUD 5.5 million for corporations and AUD 110,000 for individuals, as well as imprisonment terms of up to five years for individuals and seven years for corporations. It is essential for parties and entities governed by the Act to be aware of these potential consequences and to ensure compliance with the requirements outlined in the legislation.