Amendment of List of Exempt Native Specimens - West Coast Deep Sea Crustacean Interim Managed Fishery (13/03/2013)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of Australia's environment and biodiversity, and to provide a framework for the management of activities that may impact these areas. In particular, the Act was designed to fill a gap in comprehensive environmental protection by regulating activities that could potentially cause significant environmental harm. This legislative framework was created by the Commonwealth Parliament to ensure a coordinated approach to environmental protection across Australia, aligning with national and international obligations. The policy objective of this legislation is to protect and conserve Australia's biodiversity and environment through the regulation and management of activities that may result in environmental degradation. The legislative instrument F2013L00493 amends the list of exempt native specimens under the EPBC Act, reflecting a consultation process involving relevant stakeholders such as the Western Australian Department of Fisheries. This amendment is aimed at ensuring that the management of native specimens aligns with the regulatory requirements for fisheries, while maintaining the integrity of the EPBC Act's overarching environmental protection objectives. The instrument, which does not infringe upon any human rights or freedoms, was registered and commenced on the day following its registration on the Federal Register of Legislative Instruments.

Scope and Application

The amendment to the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 applies to the specimens that are or are derived from fish or invertebrates, specifically those taken in the West Coast Deep Sea Crustacean Interim Managed Fishery. These specimens, unless they belong to species listed under Part 13 of the EPBC Act, are to be removed from the list of exempt native specimens, thereby subjecting them to the trade control provisions that apply to regulated native specimens. This legislative amendment has a national reach, applying across all states and territories within Australia, as it is a Commonwealth Act. The instrument was enacted after appropriate consultations with relevant stakeholders, including the Western Australian Department of Fisheries, which has management responsibilities for the fishery in question. Notably, this legislative instrument does not impinge on any rights or freedoms and is deemed compatible with human rights and freedoms as declared in international instruments.

Key Provisions

The primary operative sections of this legislation pertain to the amendment of the list of exempt native specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DC enables the Minister for Sustainability, Environment, Water, Population and Communities to modify this list, with the effect of this particular instrument being the deletion of specimens that are or are derived from fish or invertebrates, taken in the West Coast Deep Sea Crustacean Interim Managed Fishery, from the list of exempt native specimens (Section 303DC(3)). This change is significant as it means that these specimens will no longer be exempt from the trade control provisions applicable to regulated native specimens. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, the Minister for Sustainability, Environment, Water, Population and Communities is mandated to consult with appropriate Commonwealth ministers and state/territory ministers before making any amendments to the list of exempt native specimens. This ensures that the decision-making process is inclusive and considers the perspectives of relevant authorities. Additionally, the Minister may also consult with other persons and organisations deemed appropriate, which in this case included the Western Australian Department of Fisheries, given their management responsibilities for the fishery concerned. Furthermore, any breaches or non-compliance with the provisions of this Act may result in various civil or criminal consequences. Although the specific offences, penalties, or consequences for breach are not detailed within the explanatory statement, the overarching Act typically imposes penalties for unauthorised activities involving regulated native specimens. These penalties may include substantial fines and, in severe cases, imprisonment. The maximum penalties can vary depending on the nature and severity of the offence, but they are designed to enforce compliance and protect the environment and biodiversity.