Amendment of List of Exempt Native Specimens - West Coast Deep Sea Crab Interim Managed Fishery (29/04/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly by preventing significant impacts on matters of national environmental significance. The Act establishes a framework for managing the environmental impacts of activities, including the trade of native specimens. Section 303DC of the EPBC Act allows for the creation of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. The legislative instrument, F2010L01168, amends this list by removing certain specimens derived from the West Coast Deep Sea Crab Interim Managed Fishery from the exempt category. The amendment was made following consultations with relevant ministers and stakeholders, and public comments were considered before the decision was finalised. The policy objective of this amendment is to better regulate the trade of native specimens derived from specific fisheries, thereby enhancing biodiversity conservation efforts. The instrument was issued by the Minister for Environment Protection, Heritage and the Arts and came into effect on 7 May 2010.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and persons involved in the trade of native specimens, including those derived from fish or invertebrates, subject to specific exclusions and regulatory provisions. This legislative amendment pertains to the removal of certain specimens, specifically those taken in the West Coast Deep Sea Crab Interim Managed Fishery, from the list of exempt native specimens. This change means that these specimens are no longer exempt from the trade control provisions applicable to regulated native specimens under the EPBC Act. The geographic reach of this legislation is national, as it pertains to the Commonwealth jurisdiction. Prior to the amendment, the Minister for Environment Protection, Heritage and the Arts consulted with relevant ministers and other stakeholders, inviting public comment for 26 days, and all feedback was considered in making the decision. The amendment reflects an effort to ensure stricter control and oversight over the trade of certain native specimens within Australia's national jurisdiction.

Key Provisions

The main sections of this legislation are Section 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. Section 303DC allows for the amendment of this list, with specific requirements for consultation with relevant ministers and stakeholders before any changes are made. The legislative instrument in question, F2010L01168, removes certain specimens from the list of exempt native specimens, specifically those derived from the West Coast Deep Sea Crab Interim Managed Fishery, unless they are of species listed under Part 13 of the EPBC Act. The obligations imposed by this Act primarily concern the Minister for Environment Protection, Heritage and the Arts, who must consult with appropriate ministers and stakeholders before amending the list of exempt native specimens. This consultation process ensures that all relevant parties have the opportunity to provide input before any changes are made. Additionally, the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts' (DEWHA) website, inviting comments from interested individuals for a period of 26 days. All comments received were considered in the decision to include specimens derived from the fishery on the list of exempt native specimens. The legislative instrument outlines specific consequences for non-compliance with the provisions of the EPBC Act. However, the text does not detail specific offences, penalties, or consequences for breaching the amended list of exempt native specimens. It is important to note that under the EPBC Act, unauthorised trade of native specimens can lead to civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach and the intent behind it. For example, unauthorised trade of protected species can result in fines of up to $222,200 for individuals and $1,111,000 for corporations, along with potential imprisonment terms. The exact penalties would depend on the specific circumstances and the provisions of the EPBC Act that are breached.