Amendment of List of Exempt Native Specimens - Torres Strait Trochus Fishery, Commonwealth (28/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment and biodiversity in Australia, addressing the need for a comprehensive legislative framework to manage the impacts of human activities on the environment. This Act aims to balance environmental protection with economic development, ensuring that activities which may harm the environment are regulated effectively. The 2005 amendment to the Act, introduced through F2005L03841, specifically targets the regulation of wildlife trade by modifying the List of Exempt Native Specimens under section 303DB. This amendment was designed to facilitate the continued export of certain fish and invertebrate specimens from the Torres Strait Trochus Fishery, provided they are taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN. The policy objective behind this amendment is to streamline the export process for these specimens while maintaining stringent controls to ensure sustainable fishing practices and compliance with wildlife trade regulations. This legislative instrument was enacted following consultation with relevant Ministers and authorities, ensuring that the changes align with broader environmental and fisheries management objectives.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies to specimens derived from fish or invertebrates taken in the Torres Strait Trochus Fishery, provided these specimens are not from species listed under Part 13 of the Act. This legislative instrument specifically targets entities and individuals engaged in the trade of these specimens, ensuring they remain exempt from the trade control provisions applicable to regulated native specimens. The application of this Act is national in scope, covering all states and territories within Australia, and it operates under the broader framework of the Environment Protection and Biodiversity Conservation Act 1999. The instrument is subject to specific conditions, including that the specimens must be taken lawfully and must be covered by a declaration of an approved Wildlife Trade Operation. This ensures that exports can continue without the need for export permits, provided the wildlife trade operation declaration remains in effect and the fishery adheres to its conditions. Should the WTO declaration expire or be revoked, the exemption ceases, and export of these specimens would no longer be permitted.

Key Provisions

The main sections of this legislation, F2005L03841, pertain to the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, Section 303DB allows for the establishment of a list of exempt native specimens, and Section 303DC enables the addition of certain specimens to this list. In this instance, the amendment adds specimens derived from fish or invertebrates taken in the Torres Strait Trochus Fishery, provided they are not from species listed under Part 13 of the Act. These additions are subject to the conditions that the specimens were taken lawfully and are covered by a declaration under an approved Wildlife Trade Operation (WTO) as per Section 303FN of the Act. These WTO declarations ensure that the trade of these specimens remains lawful and compliant with the Act. The obligations imposed by the Act on parties involved in the trade of these specimens are stringent. Firstly, the specimens must be derived from fish or invertebrates that were taken lawfully within the confines of the Torres Strait Trochus Fishery. This ensures that the specimens are sourced in compliance with applicable fishing regulations. Secondly, the specimens must be covered by a declaration under an approved WTO, meaning that the WTO must be in force and the fishery must operate in accordance with its conditions. If the WTO is revoked or expires, the specimens will no longer be exempt from trade controls, and export permits will be required. This dual requirement ensures that both the legal sourcing and ongoing compliance with WTO conditions are maintained. Breaches of the conditions set forth in this legislation can lead to serious consequences. If specimens are exported without meeting the lawful sourcing requirement or without a valid WTO declaration, it could be considered illegal trade under the Act. The penalties for such breaches can be significant. The Act provides for both civil and criminal penalties. Civil penalties can include fines of up to $66,600 for individuals or significantly higher amounts for corporations, depending on the severity and nature of the breach. Criminal penalties can include fines of up to $333,300 for individuals or $1,666,500 for corporations, along with potential imprisonment terms. These penalties underscore the importance of strict compliance with the conditions set out in the Act and the WTO declarations.