Amendment of List of Exempt Native Specimens - Western Australia Shark Bay Crab Interim Managed Fishery (28/09/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly matters of national environmental significance, through a collaborative framework between the Commonwealth, states, and territories. This Act was introduced to address the need for a comprehensive approach to environmental protection, particularly in relation to biodiversity and heritage conservation. The problem it aimed to address included the protection of threatened species and ecological communities, the management of activities that impact on World Heritage properties, and the regulation of certain international activities that affect the environment. The Act was enacted by the Parliament of Australia and its policy objectives include the conservation of biodiversity and the sustainable use of natural resources. This particular legislative instrument, F2010L02716, amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act. The instrument revokes certain conditions and imposes new conditions for specimens derived from fish or invertebrates taken in the Western Australia Shark Bay Crab Interim Managed Fishery, allowing their continued export until 28 April 2011. The changes were made after appropriate consultation with relevant authorities, including the Department of Fisheries, Western Australia, and in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument is subject to the Legislative Instruments Act 2003 and commenced on the day after its registration 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, as set out in instrument F2010L02716, applies to specimens derived from fish or invertebrates taken in the Western Australia Shark Bay Crab Interim Managed Fishery, as defined by the Shark Bay Crab Fishery (Interim) Management Plan 2005, and regulated under the Western Australia Fish Resources Management Act 1994 and Fish Resources Management Regulations 1995. The instrument specifically targets specimens that are not listed under Part 13 of the EPBC Act, thereby exempting them from the trade control provisions that apply to regulated native specimens. The geographic reach of this Act is limited to the waters and fisheries managed under Western Australian jurisdiction, yet it operates within the overarching framework of the Commonwealth's EPBC Act. The instrument imposes the condition that the specimens must have been taken lawfully and mandates that they remain exempt until 28 April 2011. This amendment is enacted to ensure the continued export of these specimens in an ecologically sustainable manner, in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument is a legislative measure under the Legislative Instruments Act 2003, and it commenced on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation concern the amendment of the List of Exempt Native Specimens as per Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This section provides for the creation of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens (Section 303DB). The primary objective of this amendment is to revoke existing conditions that were applied to specimens derived from fish or invertebrates, specifically those taken in the Western Australia Shark Bay Crab Interim Managed Fishery (Section 303DC(3)). These conditions will be replaced with new ones that specify that the specimens, or the fish or invertebrates from which they are derived, must have been taken lawfully. Additionally, these specimens will be included in the list of exempt native specimens until 28 April 2011. The Act imposes specific obligations on the parties or entities it governs. It requires that the specimens in question must be taken lawfully, adhering to the regulations and guidelines established under the Western Australia Fish Resources Management Act 1994 and Fish Resources Management Regulations 1995. The specimens will remain exempt from trade control provisions until the specified date of 28 April 2011. These provisions are designed to ensure that the trade of these specimens does not negatively impact the ecological sustainability of the fisheries management arrangements in the Shark Bay area. The amendment also requires the Minister for Sustainability, Environment, Water, Population and Communities to consult with relevant Commonwealth and State Ministers, as well as other appropriate persons and organisations, before making changes to the list. The legislation also outlines potential consequences for non-compliance with its provisions. Breaches of the conditions imposed by this Act, such as the unlawful taking of specimens or failure to adhere to the specified inclusion period, could result in civil or criminal penalties. Although the specific penalties are not detailed in the explanatory statement, under the EPBC Act, breaches can lead to substantial fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant state or territory laws that might apply. Compliance with these conditions is crucial to ensure the continued export of these specimens is conducted in an ecologically sustainable manner.