Amendment of List of Exempt Native Specimens - West Coast Purse Seine Managed Fishery, WA (28/11/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide for the protection of the Australian environment, particularly with respect to biodiversity and heritage, and to establish a list of exempt native specimens to facilitate lawful trade. This legislative instrument amends the list of exempt native specimens under Section 303DC to address specific trade requirements associated with the Western Australian West Coast Purse Seine Managed Fishery. The inclusion of these specimens on the list exempts them from the trade control provisions that apply to regulated native specimens, ensuring that continued lawful export can occur without the need for export permits, provided that the relevant wildlife trade operation declaration is in force. The purpose of this amendment is to streamline the export process for these specimens while maintaining compliance with environmental protection standards. The legislative instrument was issued under the authority of the Minister for the Environment and Heritage and was subject to consultation with relevant Ministers and the Department of Fisheries, Western Australia. This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens targets fish and invertebrate specimens derived from the Western Australian West Coast Purse Seine Managed Fishery, excluding those belonging to species listed under Part 13 of the Act. This legislative instrument applies to individuals and entities involved in the fishery, ensuring that as long as the specimens are taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN, they are exempt from the trade control provisions that apply to regulated native specimens. The exemption is conditional upon the continued operation of the fishery in accordance with the WTO conditions, or otherwise, the WTO must remain in force. Should the WTO declaration expire or be revoked, the exemption ceases, and export permits will be required. The instrument operates within the Commonwealth jurisdiction and extends to all states and territories of Australia. This legislative instrument was developed following consultations with relevant Ministers and departments, including the Minister for Fisheries and the Department of Fisheries, Western Australia.

Key Provisions

The main operative sections of this legislative instrument (F2005L03810) pertain to Section 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 303DB allows for the establishment of a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. This legislative instrument adds certain specimens to that list, specifically those from the Western Australian West Coast Purse Seine Managed Fishery, provided they are not species listed under Part 13 of the Act. These inclusions are subject to specific notations, as outlined in the explanatory statement. Section 303DC details the process for making such amendments, including consultation requirements with relevant ministers and authorities. The obligations and requirements imposed by this Act on the parties or entities it governs include ensuring that the specimens derived from the fishery are taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation (WTO) under Section 303FN of the Act. The WTO must be in force, and the fishery must operate in accordance with its conditions. 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. Breaching the provisions of this Act can result in significant consequences. Failure to comply with the conditions set out in the WTO declaration or the improper export of specimens not covered by a valid WTO declaration could lead to civil or criminal penalties. The specific penalties are not detailed in the explanatory statement but generally, under the Environment Protection and Biodiversity Conservation Act 1999, breaches can result in substantial fines and potential imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or guidelines provided by the courts.