Amendment of List of Exempt Native Specimens - Torres Strait Prawn Fishery, Commonwealth (26/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the protection of the nation’s biodiversity and the environment by providing a framework for the management and conservation of native species, ecosystems, and heritage places. This legislation aims to ensure the sustainable use of natural resources while protecting them from harmful activities. The Act was introduced by the Parliament of Australia and includes provisions to regulate the trade of native specimens, with specific focus on ensuring that trade does not threaten the survival of species in the wild. The legislative instrument in question, F2005L03848, amends the List of Exempt Native Specimens under Section 303DC of the Act. This amendment allows for the continued export of certain fish and invertebrate specimens from the Torres Strait Prawn Fishery without the need for export permits, provided that the specimens meet certain conditions, including lawful taking and compliance with the approved Wildlife Trade Operation declaration. This amendment facilitates trade while maintaining environmental protections.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2005L03848, modifies the List of Exempt Native Specimens by including certain specimens taken in the Torres Strait Prawn Fishery, provided they are derived from fish or invertebrates and do not belong to species listed under Part 13 of the Act. These additions to the list are contingent on two conditions: the specimens must have been taken lawfully, and they must be covered by an approved Wildlife Trade Operation declaration under section 303FN of the Act. This amendment ensures that these specific specimens can continue to be exported without the need for export permits, as long as the relevant WTO declaration is active and the fishery adheres to its conditions. Conversely, if the WTO declaration expires or is revoked, the exemption ceases, and export of these specimens would require a permit. This legislative instrument applies to the Commonwealth jurisdiction and extends to the Australian Fisheries Management Authority, reflecting the collaborative nature of environmental conservation and trade regulation in Australia. The instrument became effective on the day following its registration on the Federal Register of Legislative Instruments, solidifying its legal standing and operational scope within the framework of the Act.

Key Provisions

The primary operative sections of this legislation are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999. Section 303DB establishes the list of exempt native specimens, which excludes certain specimens from trade control provisions that apply to regulated native specimens. Section 303DC allows for the amendment of this list, and the instrument in question adds specific specimens to this list. These added specimens are fish or invertebrate specimens taken in the Torres Strait Prawn Fishery, provided they meet certain criteria, namely that they were taken lawfully and are covered by an approved Wildlife Trade Operation declaration under section 303FN of the Act. The obligations imposed by this legislation on the parties involved are primarily administrative and compliance-based. Firstly, entities involved in the trade of these specimens must ensure that the specimens were taken lawfully and are covered by an approved Wildlife Trade Operation declaration. This means that the trade must comply with the terms and conditions of the WTO declaration and the regulations governing the Torres Strait Prawn Fishery. Secondly, the Australian Fisheries Management Authority and other relevant authorities must monitor compliance to ensure that the WTO declaration remains in force and that the fishery operates within its approved conditions. Breach of the provisions in this legislation can result in both civil and criminal consequences. For instance, if a specimen is exported without the necessary WTO declaration, or if the fishery does not comply with its WTO conditions, this could constitute an offence under the Act. The specific penalties for such breaches are not detailed in the explanatory statement but generally, under the Act, breaches can attract fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, and would be determined by a court upon conviction. It is essential that all parties adhere to the conditions set out in the WTO declaration and the operational requirements of the fishery to avoid these consequences.