Amendment of List of Exempt Native Specimens - West Coast Deep Sea Crustacean 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 with respect to matters of national environmental significance. The Act establishes a framework for the management and conservation of Australia's biodiversity and aims to ensure that the impacts of proposed actions are properly assessed and managed. One of the mechanisms through which the Act operates is the establishment of a list of exempt native specimens under section 303DB, which exempts certain specimens from the trade control provisions that apply to regulated native specimens. The Act was introduced to address the need for comprehensive environmental protection and to provide a legislative basis for the conservation of Australia's unique biodiversity. This legislative instrument amends the list of exempt native specimens in accordance with section 303DC of the EPBC Act. It includes specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the West Coast Deep Sea Crustacean Interim Managed Fishery. The inclusion of these specimens on the list of exempt native specimens is subject to specific conditions, such as the lawful taking of the specimens and the coverage by a declaration of an approved Wildlife Trade Operation. This amendment facilitates the continued export of these specimens while ensuring compliance with the relevant fisheries management arrangements, as guided by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The decision to amend the list was preceded by appropriate consultation with relevant Ministers and other stakeholders, and the proposal was advertised for public comment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC modifies the existing framework under the EPBC Act to include certain fish and invertebrate specimens in the list of exempt native specimens, thus exempting them from the trade control provisions that apply to regulated native specimens. This amendment specifically applies to specimens taken in the West Coast Deep Sea Crustacean Interim Managed Fishery, as defined under the Western Australia Fish Resources Management Act 1994 and the related regulations, provided they do not belong to species listed under Part 13 of the EPBC Act. The inclusion of these specimens in the list is contingent upon two conditions: the specimens must be taken lawfully and be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery. This legislative instrument aims to facilitate the continued export of these specimens while ensuring the management arrangements comply with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Key Provisions

The primary operative sections of this legislation, specifically Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish the list of exempt native specimens. According to this provision, specimens of fish and invertebrates taken in the West Coast Deep Sea Crustacean Interim Managed Fishery, as defined under the Western Australia Fish Resources Management Act 1994 and its regulations, can be included in the list of exempt native specimens provided they are not species listed under Part 13 of the EPBC Act. The inclusion of these specimens in the list is conditional upon certain restrictions and requirements. Firstly, the specimens or the fish and invertebrates from which they are derived must have been taken lawfully. Secondly, the specimens must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery. This amendment facilitates the continued export of these specimens during the period when the declaration of the approved Wildlife Trade Operation is in force. The Act imposes several obligations and requirements on the parties and entities it governs. The Minister for Environment Protection, Heritage and the Arts must consult with relevant Commonwealth, State, and Territory Ministers, as well as other persons and organisations deemed appropriate, before amending the list of exempt native specimens. This consultation process ensures that the amendment reflects a broad range of perspectives and considerations. Additionally, the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website, and comments were invited from interested parties for a period of 26 business days. All received comments were taken into account when making the decision to include the specimens derived from the fishery in the list of exempt native specimens. The legislation outlines specific consequences for breaches of its provisions. However, the explanatory statement does not provide explicit details on offences, penalties, or civil/criminal consequences for breaches. Given the context of the Act and its purpose of protecting the environment and biodiversity, it can be inferred that breaches of these provisions could potentially result in legal actions under the EPBC Act. The Act may include provisions for enforcement actions, fines, or other penalties for non-compliance, which would be determined in accordance with the broader framework of the EPBC Act and any related legislation. The maximum penalties for such breaches would be as outlined in the EPBC Act or other relevant environmental protection laws.