Amendment of List of Exempt Native Specimens - Western Australia Exmouth Gulf Prawn Managed Fishery (06/02/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to biodiversity and heritage. This legislation seeks to address the problem of unsustainable exploitation of native species and their habitats by establishing a framework for the conservation and management of the environment. One aspect of this framework is the regulation of trade in native specimens, which is overseen by the Australian Government. The Act was introduced by the Australian Parliament with a policy objective to protect and manage Australia's biodiversity and heritage in an ecologically sustainable manner. In line with section 303DC of the EPBC Act, a legislative instrument was introduced to amend the list of exempt native specimens. This instrument adds certain fish and invertebrate specimens taken in the Western Australia Exmouth Gulf Prawn Managed Fishery to the list of exempt native specimens, subject to specific notations. This amendment aims to facilitate continued export of these specimens for a limited period, while ensuring that the trade is conducted in an ecologically sustainable manner. The decision to include these specimens was made in consultation with relevant Ministers and authorities, including the Western Australia Department of Fisheries, and is consistent with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act) is amended by this legislative instrument to adjust the list of exempt native specimens under section 303DB. This amendment specifically pertains to specimens, or those derived from them, of fish or invertebrates taken within the Western Australia Exmouth Gulf Prawn Managed Fishery, as outlined in the Exmouth Gulf Prawn Management Plan 1989 under the Western Australia Fish Resources Management Act 1994. The inclusion of these specimens on the list exempts them from the trade control provisions applicable to regulated native specimens, effective until 11 February 2013. This exemption is contingent upon the specimens being taken lawfully and not belonging to species listed under Part 13 of the EPBC Act. The decision to include these specimens was informed by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, ensuring that the ecological sustainability of the fisheries management arrangements was considered. Consultation with relevant ministers and the Western Australia Department of Fisheries was also conducted in line with section 303DC of the EPBC Act. This legislative instrument, which is subject to the Legislative Instruments Act 2003, came into effect on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The key operative sections of this legislation, as detailed in the explanatory statement, pertain to the amendment of the list of exempt native specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DC of the Act provides the authority for the creation of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. This legislative instrument adds specific fish and invertebrate specimens, taken in the Western Australia Exmouth Gulf Prawn Managed Fishery, to this list. The inclusion is subject to conditions, including that the specimens were taken lawfully and that they remain on the list until 11 February 2013. The Act imposes several obligations and requirements on the entities it governs. Firstly, the specimens included in the list of exempt native specimens must have been taken lawfully. This requirement ensures that the exemption is granted only under legal and sustainable conditions. Secondly, the inclusion on the list is time-bound, with the specimens remaining exempt until 11 February 2013. This temporal limitation underscores the Act's focus on managing ecological sustainability and ensuring that the exemption does not extend beyond a specific timeframe. Offences, penalties, or consequences for breach of the provisions outlined in this legislation are not explicitly stated in the explanatory statement. However, under the general provisions of the EPBC Act, violations of the trade control provisions or any other statutory requirements could lead to civil or criminal penalties. The specific penalties would depend on the nature and severity of the breach, but they could include fines, imprisonment, or both. The maximum penalties are not detailed in this instrument but would be found in the relevant sections of the EPBC Act itself.