Amendment of List of Exempt Native Specimens - Western Australian Beche-de-mer Fishery (28/08/2011)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a pivotal piece of legislation designed to protect and manage Australia's biodiversity and significant environmental assets. Enacted by the Australian Parliament, this Act aims to ensure that the nation's biodiversity is protected in the face of increasing environmental pressures. One of its critical functions is the regulation of the trade in native species, with certain exceptions to facilitate sustainable practices. This legislation allows for the listing of exempt native specimens that are not subject to the stringent trade control provisions applicable to other regulated specimens. The amendment of the list of exempt native specimens is a means to address specific ecological and trade-related concerns while promoting the ecologically sustainable management of fisheries. This particular amendment, introduced through F2011L01812, concerns the inclusion of certain fish and invertebrate specimens from the Western Australian Beche-de-mer Fishery into the list of exempt native specimens. This addition was made in accordance with Section 303DC of the EPBC Act, subject to specific conditions such as lawful taking and the presence of an approved wildlife trade operation declaration. The policy objective behind this amendment is to streamline the export process for these specimens, thereby supporting sustainable fisheries management as outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The amendment process involved consultation with relevant state authorities and an invitation for public comment, reflecting the government's commitment to transparency and stakeholder engagement.

Scope and Application

The F2011L01812 instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by adding certain specimens to the list of exempt native specimens. This amendment applies to specimens that are or are derived from fish or invertebrates taken in the Western Australian Beche-de-mer Fishery, excluding those that belong to species listed under Part 13 of the Act. These specimens will be exempt from the trade control provisions that apply to regulated native specimens, provided they were taken lawfully and are covered by a declaration of an approved wildlife trade operation. This exemption allows for the export of these specimens without requiring export permits, subject to the specified conditions. The instrument is subject to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability of the relevant fisheries management arrangements is considered. The amendment process involved consultation with the Western Australian Department of Fisheries and a public notice period, although no comments were received. The legislative instrument is in effect from the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the legislation (Section 303DC) pertain to the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This amendment involves including certain fish and invertebrate specimens taken in the Western Australian Beche-de-mer Fishery into the list of exempt native specimens, provided they meet specific conditions. Specifically, these specimens must be derived from fish or invertebrates that were taken lawfully, and they must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This inclusion exempts these specimens from the trade control provisions that apply to regulated native specimens, thus allowing their export without requiring export permits, as long as the relevant declaration is in force. The Act imposes several obligations and requirements on the entities involved. Firstly, the specimens must be derived from fish or invertebrates that were taken in accordance with the law. This means that any harvesting or taking of these specimens must comply with relevant fisheries regulations and management plans. Secondly, the specimens must be included in the list of exempt native specimens while they are covered by a declaration of an approved wildlife trade operation. This ensures that the trade of these specimens is conducted in a manner that aligns with the Act’s objectives and ecological sustainability guidelines. Additionally, the Minister for Sustainability, Environment, Water, Population and Communities is required to consult with relevant ministers and stakeholders, including the Western Australian Department of Fisheries, before making amendments to the list. Public consultation is also required, as evidenced by the advertisement of the proposal on the Department’s website and the invitation for comments. The legislation also outlines consequences for breaches, although specific offences and penalties are not detailed in the text. Generally, under the EPBC Act, breaches of the trade control provisions or non-compliance with the conditions of the exemption can result in civil or criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment, depending on the severity of the breach. The exact penalties would be determined in accordance with the EPBC Act and any relevant regulations or guidelines. It is important for entities involved in the trade of these specimens to ensure compliance with all conditions and requirements to avoid potential legal repercussions.