Amendment of List of Exempt Native Specimens - West Coast Demersal Gillnet and Demersal Longline [Interim] Managed Fishery, WA (24/02/2006)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was introduced to address the need for comprehensive protection of the environment and biodiversity in Australia. This legislation provides a framework for the management and conservation of native species and ecosystems, including the regulation of wildlife trade. Section 303DB of the Act establishes a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. In 2006, an amendment to the list of exempt native specimens was introduced through legislative instrument F2006L00649, which was issued under the authority of the Minister for the Environment and Heritage. This amendment added certain fish and invertebrate specimens from the Western Australian West Coast Demersal Gillnet and Demersal Longline [Interim] Managed Fishery to the list of exempt native specimens, subject to specific conditions that ensure their lawful taking and coverage under an approved wildlife trade operation declaration. This legislative change aimed to facilitate the continued export of these specimens without requiring export permits, while ensuring compliance with the Act's regulatory framework.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, issued under the authority of the Minister for the Environment and Heritage, pertains specifically to the exemption of certain native specimens from the trade control provisions that apply to regulated native specimens. This legislative instrument adds specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery to the list of exempt native specimens. These additions are subject to conditions that the specimens were taken lawfully and that the specimens are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery. This amendment ensures continued export of these specimens without the requirement for export permits, provided the Wildlife Trade Operation declaration remains in effect and the fishery operates according to its WTO conditions or the WTO is not revoked. If the WTO declaration expires or is revoked, the exemption ceases, and exports are no longer permitted. The instrument was developed following consultations with relevant Ministers and the Department of Fisheries, Western Australia, and it came into effect on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation (F2006L00649) pertain to the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 303DB of the Act establishes a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The legislative instrument adds specific specimens to this list under section 303DC. These specimens include those that are or are derived from fish or invertebrates taken in the Western Australian West Coast Demersal Gillnet and Demersal Longline [Interim] Managed Fishery, provided they are not from species listed under Part 13 of the EPBC Act. The inclusion of these specimens on the list is subject to certain conditions, notably that the specimens were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. This legislation imposes several obligations and requirements on the parties involved. Firstly, it mandates that the specimens included in the list must be taken lawfully, ensuring that the fishery adheres to legal fishing practices. Secondly, the specimens must be covered by a declaration of an approved Wildlife Trade Operation (WTO), meaning that the fishery must comply with WTO conditions as specified in section 303FN of the EPBC Act. If the WTO declaration expires or is revoked, the specimens will no longer be exempt from the trade control provisions, and export permits will be required. Additionally, the legislation requires consultation with relevant Ministers and authorities, including the Hon Jon Ford MLC, Minister for Fisheries, and the Department of Fisheries, Western Australia, as per section 303DC(3)(c) of the Act. Breaching the conditions stipulated in the legislative instrument can result in severe consequences. If the specimens are not taken lawfully or if the WTO declaration is not in force, the continued export of these specimens without permits becomes illegal. Non-compliance with the WTO conditions can lead to the revocation of the WTO declaration, thus removing the specimens from the list of exempt native specimens. The penalties for contravening the trade control provisions under the EPBC Act can include fines and imprisonment. Specifically, individuals may face fines of up to $550,000 and imprisonment for up to seven years, while corporations may incur fines of up to $2.75 million. These penalties underscore the importance of adhering to the conditions set out in the Act and the WTO declaration to avoid legal repercussions.