Amendment of List of Exempt Native Specimens - West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery, WA (23/03/2009)

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 legislation was introduced to address the need for a cohesive national approach to environmental protection and to provide a framework for the conservation of biodiversity. The EPBC Act is administered by the Australian Parliament, and its policy objectives include the protection of the environment and the sustainable use of natural resources. This particular legislative instrument amends the list of exempt native specimens under the EPBC Act, allowing for the continued export of certain specimens derived from fish or invertebrates taken in a specified fishery in Western Australia, provided they meet certain criteria and are included on the list until a specified date. This amendment was made in consultation with relevant state authorities and after public consultation, aligning with the Australian Government's guidelines for the ecologically sustainable management of fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act, 1999, as amended through the legislative instrument F2009L01185, pertains to the addition of certain specimens to the list of exempt native specimens under Section 303DB of the Act. This amendment allows for the exemption of fish and invertebrate specimens, derived from species not listed under Part 13 of the EPBC Act, which are taken in the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery. The inclusion of these specimens in the list is conditional upon their lawful capture and is effective until 26 April 2009. This legislative change is aimed at facilitating the continued export of these specimens while adhering to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The decision to amend the list involved consultations with relevant Western Australian ministers and departments, as well as a public comment period. This legislative instrument, which commences on 26 March 2009, is subject to the Legislative Instruments Act 2003.

Key Provisions

The key provision of this instrument is the inclusion of certain specimens to the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 1). Specifically, it exempts specimens taken in the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery from trade control provisions, provided they meet certain conditions (Section 2). These specimens must be derived from fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act (Section 2). Moreover, the inclusion of these specimens in the exempt list is conditional on their lawful taking and is set to last until 26 April 2009 (Section 3). This legislative amendment aims to facilitate continued export of these specimens until the specified date. Under the EPBC Act, parties or entities involved in the trade of these specimens must ensure that the specimens were taken lawfully and are derived from fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act (Section 3). They must also be taken within the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery. Furthermore, the Minister for Environment, Heritage and the Arts, through their Delegate, is required to consult with relevant Ministers and stakeholders, including the Western Australian Minister for Fisheries and the Department of Fisheries, Western Australia, before making any amendments to the list of exempt native specimens (Section 5). Additionally, any proposal to amend the list must be advertised on the Department of the Environment, Water, Heritage and the Arts’ website, and comments from interested parties must be considered for a period exceeding 20 days (Section 6). Failure to comply with the requirements set forth in this instrument may result in various civil and criminal consequences under the EPBC Act. Specifically, if a person or entity breaches any provision of the Act, they may be subject to fines and penalties as stipulated by the relevant sections of the Act (Section 8). The maximum penalties for breaches of the EPBC Act can include substantial fines, imprisonment, or both, depending on the severity and nature of the offence. These provisions serve to enforce compliance and ensure the sustainable management of fisheries and biodiversity conservation in Australia.