Amendment of List of Exempt Native Specimens - West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery, Joint Authority Southern Gillnet and Longline Limited Entry Fishery, North Coast Shark Fishery and Joint Authority Northern Shark Fishery, WA (29/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, was introduced to address the need for comprehensive environmental protection and biodiversity conservation measures within Australia. One of the mechanisms within this Act is the establishment of a List of Exempt Native Specimens (LENS), detailed in Section 303DB, which exempts certain native specimens from trade control provisions that apply to regulated native specimens. The Act aims to balance biodiversity conservation with economic activities, ensuring sustainable use of natural resources. The legislative instrument F2005L03846, issued under the authority of the Minister for the Environment and Heritage, provides an amendment to the LENS concerning Western Australian managed fisheries. This amendment was necessary to extend the exemption period for these fisheries, enabling continued export activities post 1 December 2005, but only until 28 February 2006, subject to specific conditions that the specimens were taken lawfully. The decision to include these specimens on the LENS involved consultation with relevant stakeholders, including the Minister for Fisheries of Western Australia, in accordance with Section 303DC of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the regulation of activities that may impact on matters of national environmental significance, including the trade of native specimens. Under Section 303DC of the EPBC Act, the Minister for the Environment and Heritage has the authority to amend the List of Exempt Native Specimens (LENS), which includes or excludes certain specimens from the trade control provisions applicable to regulated native specimens. This particular legislative instrument concerns the temporary extension of the exemption period for certain Western Australian managed fisheries, ensuring that exports of these specimens can continue for an additional three months following the initially specified date of 1 December 2005, until 28 February 2006. The extension is contingent upon the condition that the specimens were lawfully taken and is subject to consultation with relevant stakeholders, such as the Hon Jon Ford MLC, Minister for Fisheries, Western Australia. The instrument, which is a legislative instrument for the purposes of the Legislative Instruments Act 2003, commenced on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main sections of this legislation, F2005L03846, focus on the amendment of the List of Exempt Native Specimens (LENS) as provided under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB of the EPBC Act establishes the LENS, which exempts certain native specimens from trade control provisions applicable to regulated native specimens. This legislative instrument seeks to extend the exemption period for certain Western Australian managed fisheries listed in the schedule, ensuring that these specimens can continue to be exported until 28 February 2006 (Section 303DC). This extension is made subject to the condition that the specimens were taken lawfully and must be included on the LENS until the specified date. The Act imposes specific obligations on parties and entities governed by it. According to Section 303DB, any specimens included on the LENS must meet the criteria that they were taken lawfully and must adhere to the specified inclusion period. Additionally, Section 303DC requires the Minister to consult with relevant stakeholders, such as the Hon Jon Ford MLC, Minister for Fisheries, Western Australia, when considering the extension of the exemption period. These consultations are essential to ensure that all legislative requirements are met and that the interests of relevant parties are taken into account. Failure to comply with the provisions of this Act may result in various consequences. Under the EPBC Act, there are potential civil and criminal penalties for breaches related to the trade of native specimens. Although the specific penalties are not detailed in the explanatory statement, they could include fines and imprisonment. The exact penalties would depend on the nature and severity of the breach. Furthermore, any person found to be in violation of the Act may face legal action, which could result in additional civil liabilities. In summary, this legislative instrument amends the List of Exempt Native Specimens under the EPBC Act, extending the exemption period for certain Western Australian managed fisheries until 28 February 2006. The Act mandates that any specimens included on the LENS must be taken lawfully and be subject to the specified inclusion period. The Minister is required to consult with relevant stakeholders before making such amendments. Non-compliance with the Act may result in civil and criminal penalties, including fines and imprisonment, as well as potential additional civil liabilities.