Amendment of List of Exempt Native Specimens - Western Australian Mackerel Fishery (13/11/2009)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to biodiversity and heritage, and to establish a framework for the protection of native flora and fauna and their habitats. In response to specific needs within the fisheries sector, the EPBC Act includes provisions for the exemption of certain native specimens from the stringent trade control measures applied to regulated native specimens. The legislation was introduced by the Commonwealth Parliament to address a need for streamlined export processes for certain fishery products, ensuring compliance with ecological sustainability standards while facilitating trade. The explanatory statement for the amendment of the List of Exempt Native Specimens in 2009 clarifies that specimens derived from fish or invertebrates, taken in accordance with the Mackerel Fishery (Interim) Managed Fishery Management Plan 2004, are exempt from trade restrictions until 17 November 2014, provided they were taken lawfully. This amendment reflects the Australian Government’s commitment to ecologically sustainable management of fisheries, allowing continued export of these specimens while adhering to established guidelines.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, as detailed in the legislative instrument F2009L04232, pertains to specimens derived from fish or invertebrates, specifically excluding those belonging to species listed under Part 13 of the EPBC Act. This amendment applies to entities involved in the Mackerel Fishery (Interim) Managed Fishery Management Plan 2004, as established under the Western Australian Fish Resources Management Act 1994. The inclusion of these specimens on the list of exempt native specimens allows for their continued export until 17 November 2014, subject to the conditions that the specimens were taken lawfully and the exemption remains in effect only until the specified date. This legislative adjustment aligns with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability of the relevant fisheries management arrangements is taken into account. The Minister for the Environment, Heritage and the Arts, who has the authority to amend the list under Section 303DC of the EPBC Act, undertook consultations with relevant Commonwealth Ministers and Ministers from each state and self-governing territory, as well as inviting public comment through the Department of the Environment, Water, Heritage and the Arts' website, although no comments were received.

Key Provisions

The legislative instrument F2009L04232 amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by updating the List of Exempt Native Specimens under section 303DB (paragraphs 1, 2, 3, 4). Specifically, it includes specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the Mackerel Fishery (Interim) Managed Fishery Management Plan 2004, made under the Western Australian Fish Resources Management Act 1994. This inclusion in the list exempts these specimens from the trade control provisions that apply to regulated native specimens, permitting their continued export until 17 November 2014. The Act imposes several obligations on the parties involved. Firstly, it mandates that the specimens must be taken lawfully (section 303DB(3)(a)). This means that the collection of the specimens must comply with all relevant laws and regulations, ensuring that the fishing activities are conducted in an authorised and sustainable manner. Secondly, the exemption is temporal, with the specimens remaining on the list until 17 November 2014 (section 303DB(3)(b)). Beyond this date, the specimens will no longer be exempt from the trade control provisions, and any trade of these specimens will require compliance with the regulations governing regulated native specimens. Breaching the conditions set out in this legislative instrument could lead to significant consequences. The EPBC Act provides for various offences related to the unauthorised trade of native specimens. Specifically, under section 488 of the Act, a person who contravenes the provisions concerning the trade of native specimens can be liable to a civil penalty of up to $324,000 for a corporation or $64,800 for an individual. Additionally, under section 496, the Act provides for criminal penalties, including fines of up to $504,000 for a corporation or $100,800 for an individual, and imprisonment for up to five years for serious or repeated offences. These penalties underscore the importance of adhering to the conditions set out in the Act to avoid legal repercussions.