Amendment of List of Exempt Native Specimens - Torres Strait Prawn Fishery (25/02/2009)

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. The Act aims to prevent significant environmental degradation by regulating activities that may harm the environment. One of the mechanisms under the EPBC Act is 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 to include certain fish and invertebrate specimens taken in the Torres Strait Prawn Fishery, subject to specific conditions. The inclusion of these specimens on the list is intended to facilitate the continued export of these specimens while a Wildlife Trade Operation for the fishery remains in force, ensuring compliance with the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries. This amendment was made by the Minister for Environment, Heritage and the Arts, following consultation with relevant ministers and stakeholders, and after inviting public comment on the proposal.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, as represented by the instrument F2009L00730, pertains to specimens that are or are derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act. These specimens must have been taken in the Torres Strait Prawn Fishery, which is defined by the Torres Strait Prawn Fishery Management Plan 2009, in force under the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulation 1985. The inclusion of these specimens on the list exempts them from the trade control provisions applicable to regulated native specimens. This exemption is contingent upon the specimens, or the fish or invertebrate from which they are derived, having been taken lawfully, and being covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery. The amendment ensures that the continued export of these specimens is permitted while a Wildlife Trade Operation for the fishery remains in effect. This legislative instrument extends to the Commonwealth jurisdiction and is subject to the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries.

Key Provisions

The main operative sections of the instrument (F2009L00730) relate to the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). Specifically, section 303DB of the EPBC Act allows for the establishment of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. Section 303DC permits the Minister to amend this list, and section 303DB(3) requires consultation with relevant ministers and stakeholders before making such amendments. In this case, the Minister for Environment, Heritage and the Arts amended the list to include specimens taken in the Torres Strait Prawn Fishery, subject to certain conditions. The obligations and requirements imposed by the Act on the parties or entities it governs include the need to take specimens lawfully and ensure that they are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. This means that the specimens must be taken in accordance with the relevant fishery management arrangements and that a Wildlife Trade Operation for the Torres Strait Prawn Fishery must be in force. The Minister must also consult with relevant stakeholders before amending the list of exempt native specimens, as required by section 303DC(3) of the EPBC Act. Any breach of the provisions of the EPBC Act may result in civil or criminal consequences, including fines and imprisonment. The maximum penalties for breach depend on the specific offence and the circumstances of the case. For example, the maximum penalty for contravening a prohibition or restriction under the Act is $66,000 for an individual and $330,000 for a body corporate. The Minister may also take enforcement action under the Act, such as issuing infringement notices or seeking court orders. It is important for parties or entities governed by the Act to comply with its provisions to avoid these consequences.