Amendment of List of Exempt Native Specimens - Western Australian Abalone Fishery (28/08/2009)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with regard to biodiversity conservation and the management of activities that have a significant impact on the environment. This legislative framework is designed to ensure that ecological sustainability is maintained and that native species and ecosystems are protected from harmful activities. The Act was introduced to address the gap in legislation that provided insufficient protection for native species and ecosystems, particularly in the context of trade and environmental impact assessments. The Act is administered by the Parliament of Australia, with the Minister for the Environment playing a key role in its implementation. In this instance, the policy objective was to facilitate the continued export of certain specimens derived from fish or invertebrates under specific conditions, thereby supporting sustainable fisheries management practices. This legislative instrument amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act to include specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in accordance with the Abalone Management Plan 1992. The inclusion of these specimens on the list is contingent on their lawful acquisition and is valid until 10 September 2014. This amendment aims to align with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management arrangements for these fisheries are ecologically sustainable. The Minister for the Environment, Heritage and the Arts consulted with relevant stakeholders and advertised the proposal on the Department of the Environment, Water, Heritage and the Arts' website, inviting public comment. No comments were received, leading to the enactment of this legislative instrument to facilitate the continued export of these specimens within the specified parameters.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment, as embodied in the legislative instrument F2009L03461, pertains specifically to the inclusion of certain specimens on the list of exempt native specimens under section 303DB of the Act. This amendment applies to specimens derived from fish or invertebrates, with the exception of those belonging to species listed under Part 13 of the EPBC Act, which were taken in accordance with the Abalone Management Plan 1992, enacted under the Western Australian Fish Resources Management Act 1994. The inclusion of these specimens on the list of exempt native specimens is contingent upon the condition that they were taken lawfully and will remain on the list until 10 September 2014. This legislative measure facilitates the continued export of these specimens until the specified date, aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. Prior to this amendment, the Minister for the Environment, Heritage and the Arts undertook consultations with relevant Commonwealth and state ministers, as well as other pertinent persons and organisations, and advertised the proposal on the Department of the Environment, Water, Heritage and the Arts' website, inviting comments for 22 days, though none were received.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a framework for the protection of the environment and biodiversity in Australia. Section 303DC of the EPBC Act enables the amendment of the list of exempt native specimens, allowing certain specimens to be exempt from trade controls applicable to regulated native specimens (Section 303DB). This particular legislative instrument (F2009L03461) amends this list by including specimens that are or are derived from fish or invertebrates taken in accordance with the Abalone Management Plan 1992, made under the Western Australian Fish Resources Management Act 1994. This inclusion is subject to the conditions that the specimens were taken lawfully and that they remain on the list until 10 September 2014. The obligations under this legislative instrument primarily involve ensuring that any specimens included in the amended list are taken lawfully and are derived from the specified management plan. The Minister for the Environment, Heritage and the Arts, before making this amendment, undertook to consult with relevant Commonwealth Ministers, State and Territory Ministers, as well as other persons and organisations as deemed appropriate. Additionally, the proposal was advertised on the Department of the Environment, Water, Heritage and the Arts' (DEWHA) website, inviting comments from interested parties for a period of 22 days, although no comments were received. Breach of the conditions under which these specimens are included in the list of exempt native specimens can lead to civil and criminal consequences. Specifically, the Act does not outline explicit penalties for non-compliance with the conditions of exemption. However, general provisions within the EPBC Act may apply, which could include fines and imprisonment for offences related to the illegal trade of native specimens. The exact penalties would depend on the specific breach and the relevant provisions of the Act. In summary, this legislative instrument amends the list of exempt native specimens under the EPBC Act to include certain fish and invertebrate specimens taken under the Abalone Management Plan, subject to specified conditions. It imposes obligations on the entities involved to ensure compliance with these conditions and acknowledges the potential for civil and criminal consequences for non-compliance, although the specific penalties are not detailed in this instrument.