Amendment of List of Exempt Native Specimens - Torres Strait Prawn Fishery - deleting product (19/11/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment and biodiversity, providing a framework for the management of activities that may have a significant impact on the environment. This Act was introduced by the Parliament of Australia to consolidate and provide for the protection of the Australian environment, particularly with regard to biodiversity and ecological processes. One of the key features of the EPBC Act is the establishment of a list of exempt native specimens under Section 303DB, which exempts these specimens from the trade control provisions applicable to regulated native specimens. This legislative instrument, F2008L04363, was created to amend the List of Exempt Native Specimens as per Section 303DC of the EPBC Act. The amendment involved removing certain specimens from the list, specifically those that are or are derived from fish or invertebrates taken in the Torres Strait Prawn Fishery, except those belonging to species listed under Part 13 of the Act. The policy objective behind this amendment was to ensure that the management of native specimens in the fishery aligns with broader environmental protection goals. The Minister for Environment, Heritage and the Arts, in consultation with the Minister for Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority, considered these amendments necessary to address specific concerns regarding the management and sustainability of fishery resources within the Torres Strait.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by F2008L04363, pertains to the regulation of native specimens, specifically targeting those specimens exempt from trade controls. Under Section 303DB of the Act, a list of exempt native specimens exists, which excludes certain native species from the regulatory oversight that applies to other native specimens. This amendment, however, seeks to exclude certain fish and invertebrate specimens taken within the Torres Strait Prawn Fishery from this list of exemptions, except for those belonging to species listed under Part 13 of the Act. This legislative change ensures that these particular specimens are subject to the same trade control provisions as other regulated native specimens. The amendment applies across Australia, reflecting the national scope of the Act. It is pertinent to note that before making this amendment, the Minister for Environment, Heritage and the Arts was required to consult with relevant ministers and authorities, including the Minister for Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority, in line with Subsection 303DC(3) of the EPBC Act. The instrument, which is a legislative one as per the Legislative Instruments Act 2003, came into effect on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) as amended by this instrument are sections 303DB and 303DC (subsection 303DC(3)). Section 303DB sets up a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC, specifically subsection 303DC(3), mandates that before making any amendments to this list, the Minister must consult with relevant Ministers and other appropriate persons and organisations. This amendment specifically 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 are taken in the Torres Strait Prawn Fishery. This Act imposes several obligations and requirements on the parties and entities it governs. Firstly, the Minister for Environment, Heritage and the Arts, or their delegate, must consult with the Minister for Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority (AFMA) before making amendments to the list of exempt native specimens. This ensures that the amendment takes into account the management responsibilities and considerations of the relevant authorities. Additionally, the Act requires that any specimens removed from the list are specifically those that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act and taken in the Torres Strait Prawn Fishery. This specificity ensures that the amendment accurately targets the intended specimens while maintaining protections for other native species. In terms of consequences for breach, the EPBC Act does not explicitly state offences, penalties, or consequences for non-compliance with the list amendment provisions. However, broader provisions within the Act provide for a range of penalties for breaches of its requirements. These penalties can include fines and imprisonment, with the exact penalties depending on the nature and severity of the breach. Additionally, failure to consult as required under subsection 303DC(3) could potentially lead to legal challenges regarding the validity of the amendment, as well as reputational and procedural consequences for the responsible authorities. The legislative instrument, F2008L04363, is registered under the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments. The unique identifying number for this instrument is EPBC303DC/SFS/2008/31, ensuring its traceability and legal standing. This registration and identification process is crucial for the validity and enforcement of the legislative changes it enacts.