Amendment of List of Exempt Native Specimens - Western Australian Mackerel Fishery (04/05/2013) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment and biodiversity in Australia, particularly in relation to Commonwealth actions and interstate and international trade and activities. A key aspect of this Act is the regulation of the trade of native specimens to prevent overexploitation and to protect endangered species and their habitats. The Act establishes a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. This legislative instrument amends the list of exempt native specimens by removing certain specimens taken in the Western Australian Mackerel Fishery, aiming to enhance the protection of fish and invertebrate species within that fishery. The amendment was made in accordance with Section 303DC of the EPBC Act, which requires consultation with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations. This particular amendment was enacted by the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, following consultation with the Western Australian Department of Fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia, and this legislative instrument amends the list of exempt native specimens as specified under Section 303DB. Specifically, it removes from the list specimens that are or are derived from fish or invertebrates taken in the Western Australian Mackerel Fishery, except for those belonging to species listed under Part 13 of the EPBC Act. This amendment affects the trade control provisions that apply to regulated native specimens, thereby impacting entities involved in the fishing industry within the specified fishery. The geographic scope of this amendment is confined to the waters and regulations governing the Western Australian Mackerel Fishery as defined by the relevant fishery management plan. Before making this amendment, the Minister for Sustainability, Environment, Water, Population and Communities consulted with the Western Australian Department of Fisheries due to their management responsibilities over the fishery. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments. This legislative change does not infringe upon any human rights as per the Statement of Compatibility with Human Rights under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The primary operative sections of the legislative instrument are Section 303DB and Subsection 303DC(3) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. The legislative instrument amends this list by deleting specimens that are or are derived from fish or invertebrates taken in the Western Australian Mackerel Fishery, except those belonging to species listed under Part 13 of the EPBC Act. Subsection 303DC(3) requires consultation with relevant ministers and other persons or organisations before amending the list of exempt specimens. In this instance, the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities consulted with the Western Australian Department of Fisheries. The obligations and requirements imposed by this legislative instrument primarily concern the management and regulation of native specimens within the Western Australian Mackerel Fishery. It necessitates the removal of certain fish and invertebrate specimens from the list of exempt native specimens, thereby subjecting these specimens to the trade control provisions outlined in the EPBC Act. This change in status ensures that these specimens are subject to the same regulatory oversight as other regulated native specimens, enhancing conservation efforts and compliance within the fishery. The consultation requirement underscores the collaborative approach in managing fisheries and biodiversity, ensuring that stakeholders are involved in decision-making processes that affect their operations. Breach of the trade control provisions under the amended EPBC Act can result in civil or criminal penalties. Civil penalties may include fines, with the maximum penalty depending on the nature and severity of the offence. For example, individuals or entities found guilty of illegal trade in native specimens may face substantial fines that reflect the commercial value of the specimens or the harm caused to biodiversity. Criminal penalties may also apply, with offenders facing imprisonment. The exact penalties are determined by the courts, taking into account the specific circumstances of the breach, including intent, repeat offences, and the impact on the environment. Overall, the legislative instrument represents a significant amendment to the list of exempt native specimens, with implications for the regulation and conservation of marine biodiversity in the Western Australian Mackerel Fishery. By removing certain specimens from the exempt list, the Act ensures a more stringent regulatory framework, promoting compliance and conservation efforts. The consultation process and the compatibility with human rights underscore the legislative intent to balance environmental protection with stakeholder involvement and human rights considerations.