Amendment of List of Exempt Native Specimens - West Coast Deep Sea Crab Interim Managed Fishery (10/03/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act was introduced to address the need for comprehensive environmental protection and the sustainable management of Australia’s biodiversity. This legislation was enacted by the Parliament of Australia to ensure that federal environmental responsibilities are effectively managed and integrated with other areas of federal responsibility. The policy objective of the Act includes the protection of native species and ecosystems, and the regulation of activities that may have significant environmental impacts. This particular legislative instrument amends the list of exempt native specimens under the EPBC Act to address specific trade conditions for specimens derived from the West Coast Deep Sea Crab Interim Managed Fishery, ensuring compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument modifies the conditions under which certain specimens are exempt from trade control provisions. Specifically, it pertains to specimens, or those derived from them, of fish or invertebrates taken in the West Coast Deep Sea Crab Interim Managed Fishery, excluding species listed under Part 13 of the Act. These specimens are exempt from the regulatory provisions that apply to other native specimens, enabling their continued export. The amendment revokes the existing conditions attached to the inclusion of these specimens on the list, and imposes new conditions: that the specimens or the fish or invertebrates from which they are derived must have been taken lawfully, and that they remain exempt until 7 May 2010. This change facilitates ongoing export activities until the specified date. The Minister for Environment Protection, Heritage and the Arts has consulted relevant Commonwealth and state ministers, as well as other interested parties, in accordance with the statutory requirements before making this amendment. The instrument, which is a legislative instrument under the Legislative Instruments Act 2003, commenced on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the establishment of a list of exempt native specimens under section 303DB. This list exempts specified specimens from the trade control provisions that apply to regulated native specimens. The main operative sections in this legislative instrument, specifically section 303DC, revise the conditions under which certain specimens are exempt from trade controls. Specifically, it removes previous conditions on specimens taken in the West Coast Deep Sea Crab Interim Managed Fishery and imposes new conditions. These new conditions state that the specimens, or the fish or invertebrates from which they are derived, must have been taken lawfully, and the exemption applies until 7 May 2010. This allows for the continued export of these specimens until the specified date. The Act imposes several obligations and requirements on the parties involved. First, it mandates that any specimens included in the list of exempt native specimens must be taken lawfully. This requirement ensures that the specimens are sourced in accordance with applicable laws and regulations. Second, the Act specifies that the inclusion of these specimens in the list is subject to the condition that they remain exempt until 7 May 2010. This sets a clear timeframe for the exemption, ensuring that the provisions are temporary and subject to review. Additionally, the Act requires the Minister for Environment Protection, Heritage and the Arts to consult with relevant Commonwealth Ministers, state and territory ministers, and other appropriate persons and organisations before amending the list of exempt native specimens. This consultation process ensures that all relevant stakeholders have the opportunity to provide input on the decision. Any breaches of the provisions outlined in this legislative instrument may result in both civil and criminal consequences. Although the specific penalties are not detailed within the text, under the EPBC Act, breaches can lead to substantial fines and, in some cases, imprisonment. The Act provides for penalties that can be significant, reflecting the importance of complying with environmental protection and biodiversity conservation laws. The penalties serve as a deterrent against unlawful activities and reinforce the commitment to protecting native species and their habitats. In summary, the legislative instrument modifies the conditions for specimens taken in the West Coast Deep Sea Crab Interim Managed Fishery to be exempt from trade controls under the EPBC Act, subject to the specimens being taken lawfully and the exemption being in effect until 7 May 2010. It imposes obligations on parties to ensure compliance with lawful sourcing and mandates consultation with relevant authorities. Failure to comply with these provisions can result in civil or criminal penalties, underscoring the importance of adhering to the Act's requirements.