Amendment of List of Exempt Native Specimens - W.A. Octopus Fisheries (23/03/2011)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the conservation of biodiversity, and to regulate activities that may have a significant impact on 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 specimens taken from specific fisheries in Western Australia, subject to conditions ensuring they were taken lawfully and remain listed until 16 March 2016. This inclusion aims to facilitate the continued export of these specimens while ensuring compliance with ecological sustainability guidelines. The enactment of this legislative instrument was authorised by the Minister for Sustainability, Environment, Water, Population and Communities, who consulted with relevant stakeholders, including the Department of Fisheries Western Australia, in accordance with the requirements of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a framework for the protection of the environment and biodiversity, and regulates activities that have, or are likely to have, a significant impact on matters of national environmental significance. Section 303DB of the EPBC Act facilitates the listing of certain native specimens as exempt from trade controls, thereby permitting their export under specified conditions. This legislative instrument, F2011L00515, pertains to specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the Act, which are taken within the Developmental Octopus Fishery and the octopus sector of the Cockburn Sound (Line and Pot) Managed Fishery in Western Australia. The inclusion of these specimens on the list of exempt native specimens is subject to the conditions that the specimens were taken lawfully and remain exempt until 16 March 2016. The decision to list these specimens was informed by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the fisheries management arrangements are ecologically sustainable. The Minister for Sustainability, Environment, Water, Population and Communities is required to consult with relevant state and territory ministers, as well as other appropriate persons and organisations, before amending the list, as stipulated in subsection 303DC(3) of the EPBC Act.

Key Provisions

Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) introduces a list of exempt native specimens, exempting them from the trade control provisions that apply to regulated native specimens. This legislative instrument specifically adds certain specimens taken from the Developmental Octopus Fishery and the Cockburn Sound (Line and Pot) Managed Fishery in Western Australia to this list. These specimens include those derived from fish or invertebrates, except for those belonging to species listed under Part 13 of the Act. The inclusion of these specimens in the list of exempt native specimens is conditional upon their lawful capture and is valid until 16 March 2016. Under the Act, the obligations on the parties or entities it governs are primarily focused on ensuring compliance with the conditions set for the inclusion of these specimens in the list. Specifically, it requires that the specimens or the fish and invertebrates from which they are derived must have been taken lawfully. This means that any activities related to the capture, processing, and export of these specimens must adhere to the relevant fishing regulations and laws in Western Australia, as managed by the Department of Fisheries Western Australia. The Minister for Sustainability, Environment, Water, Population and Communities, in consultation with relevant stakeholders, must ensure these obligations are met. The Act also outlines potential consequences for breaches of its provisions. While specific penalties are not detailed in this legislative instrument, general provisions within the EPBC Act indicate that breaches could lead to civil and criminal penalties. Civil penalties could include fines, and criminal penalties might include imprisonment, depending on the nature and severity of the breach. It is essential for entities and individuals involved in the trade of these specimens to comply with the conditions and requirements to avoid any legal repercussions. The Minister's consultation process, as outlined in subsection 303DC(3) of the EPBC Act, ensures that all relevant stakeholders are considered in the decision-making process, further underscoring the importance of compliance.