Amendment of List of Exempt Native Specimens - Western Australia Abrolhos Islands and Mid West Trawl Managed Fishery (18/03/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly through the regulation of activities that may have a significant impact on the environment. This legislation was introduced to address the need for a unified approach to environmental protection, encompassing both the conservation of biodiversity and the sustainable use of natural resources. The Act was enacted by the Parliament of Australia, with a policy objective to integrate environmental considerations into decision-making processes at both federal and state levels. One of the mechanisms under this Act is the ability to list exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. This particular legislative instrument amends the List of Exempt Native Specimens in accordance with Section 303DC of the EPBC Act, aiming to facilitate the continued export of certain specimens taken in specified fisheries in Western Australia, subject to certain conditions and until a specified date.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a comprehensive framework for the protection of the environment and biodiversity in Australia. Under section 303DB, the Act establishes a list of exempt native specimens that are not subject to the trade control provisions that apply to regulated native specimens. This particular legislative instrument amends the list of exempt native specimens to include certain specimens taken in the Western Australia Abrolhos Islands and Mid West Trawl Managed Fishery, as defined under the Western Australia Fish Resources Management Act 1994. Specifically, it adds fish and invertebrate specimens, excluding those belonging to species listed under Part 13 of the EPBC Act, to the list of exempt native specimens. The inclusion of these specimens is contingent upon the condition that they were taken lawfully and remains in effect until 19 March 2013. This amendment is intended to facilitate the continued export of these specimens for the next five years, ensuring compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The decision to include these specimens was made after consultation with relevant stakeholders, including the Department of Fisheries Western Australia, in line with section 303DC(3)(c) of the EPBC Act. The instrument is a legislative instrument governed by the Legislative Instruments Act 2003 and took effect the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main sections of this legislative instrument involve the amendment of the List of Exempt Native Specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s.1). This means that certain specimens derived from fish or invertebrates, which are not listed under Part 13 of the EPBC Act, can be exempt from trade control provisions if they meet specific criteria. These specimens must originate from the Western Australia Abrolhos Islands and Mid West Trawl Managed Fishery, as defined in the Abrolhos Islands and Mid West Trawl Limited Entry Fishing Notice 1993 under the Western Australia Fish Resources Management Act 1994. The inclusion of these specimens on the exempt list is subject to conditions, such as being taken lawfully and remaining on the list until 19 March 2013 (s.2). The obligations imposed by this Act require that any specimens derived from fish or invertebrates within the specified fisheries and geographical areas must be taken lawfully and meet the stated conditions. This means that any party or entity involved in the trade or export of these specimens must ensure compliance with these criteria to avoid the application of trade control provisions. Additionally, this Act mandates consultation with relevant authorities, including the Department of Fisheries Western Australia, to ensure the ecological sustainability of the fisheries management arrangements (s.3). The consequences for breach of this Act are both civil and criminal, depending on the severity of the non-compliance. The specific penalties for breaches are not outlined in this instrument but would typically be derived from the EPBC Act. Under the EPBC Act, penalties for contravening the Act can include substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the specific breach and the discretion of the court. Therefore, adherence to the conditions and obligations outlined in this legislative instrument is crucial to avoid potential legal repercussions (s.4).