Amendment of List of Exempt Native Specimens - Torres Strait Tropical Rock Lobster Fishery (17/01/2011)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment, including biodiversity, and the sustainable use of natural resources. This Act provides a framework for the management of activities that may impact on the environment, particularly those that are of national or international significance. The Act was introduced to fill the gap left by previous legislation which was seen as inadequate to address complex environmental challenges and the need for a unified approach to environmental protection at both national and international levels. The EPBC Act was enacted by the Parliament of Australia and aims to promote the ecologically sustainable development by protecting the environment, heritage, and cultural places. The legislative instrument in question amends the list of exempt native specimens under the EPBC Act, facilitating the continued export of certain fish and invertebrate specimens from the Torres Strait Tropical Rock Lobster Fishery without the need for export permits, provided the specimens are lawfully taken and covered by an approved wildlife trade operation declaration. This change was made in consultation with relevant authorities and after public consultation, ensuring compliance with the Australian Government’s guidelines for ecologically sustainable fisheries management.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as described in the explanatory statement, applies to specimens of fish and invertebrates taken in the Torres Strait Tropical Rock Lobster Fishery, provided they are not from species listed under Part 13 of the Act. The legislative instrument is designed to exempt these specimens from the trade control provisions that apply to regulated native specimens, thus facilitating their export without the need for export permits. This amendment is subject to the condition that the specimens were taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the Act concerning the fishery. The instrument has a national reach, applying across Australia, and is intended to align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. It was developed following appropriate consultation with relevant authorities, including the Protected Zone Joint Authority and the Australian Fisheries Management Authority, and public notice was given for any interested parties to comment, though no comments were received.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity, and includes provisions for regulating the trade of native specimens. Under section 303DC of the Act, the Minister for Sustainability, Environment, Water, Population and Communities can amend the List of Exempt Native Specimens. This legislative instrument revokes conditions previously imposed on specimens taken in the Torres Strait Tropical Rock Lobster Fishery and establishes new conditions for their inclusion on the list of exempt native specimens (subsection 303DB). According to section 303DB, specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the Act, taken in the fishery are now exempt from trade control provisions applicable to regulated native specimens, provided they meet the conditions set out in the instrument. These conditions are that the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and that the specimens are covered by the declaration of an approved wildlife trade operation under section 303FN of the Act in relation to the fishery. The obligations and requirements imposed by this legislative instrument pertain to the lawful taking of specimens and their coverage under an approved wildlife trade operation declaration. The specimens must be derived from fish or invertebrates taken lawfully within the fishery, and the operation must be approved and declared under section 303FN of the Act. This ensures that the specimens are being sourced and exported in compliance with the ecological sustainability criteria outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. The Minister, in consultation with relevant authorities and stakeholders, has determined these conditions to facilitate continued export of the specimens without the need for export permits, as long as the approved wildlife trade operation declaration remains in effect. Failure to comply with the provisions of the EPBC Act and the conditions set out in this legislative instrument can result in various consequences. Offences and breaches of the Act can lead to civil or criminal penalties, depending on the nature and severity of the breach. For instance, unlawful taking of specimens or failure to comply with the approved wildlife trade operation declaration could result in penalties as prescribed under the Act. The maximum penalties for breaches of the EPBC Act can include fines and imprisonment, with the specific penalties varying based on the type and circumstances of the offence. It is important for entities and individuals governed by this Act to adhere to the conditions and requirements to avoid potential legal repercussions.