Amendment of List of Exempt Native Specimens - Western Australian Marine Aquarium Fish Managed Fishery (21/12/2012) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection and conservation of biodiversity and the environment. This legislation was introduced to ensure that significant impacts on the environment, including native flora and fauna, are assessed and managed effectively. The problem or gap the EPBC Act aimed to address includes the need for comprehensive regulation of activities that could potentially harm the environment and biodiversity. This Act was enacted by the Parliament of Australia, with the overarching policy objective being to protect and conserve Australia's biodiversity and environment, including native specimens and their habitats. In this context, an amendment to the EPBC Act, specifically F2013L00008, was introduced to modify the list of exempt native specimens as per Section 303DC. This amendment sought to exclude certain specimens from the list of exempt native specimens, particularly those derived from fish or invertebrates taken in the Western Australian Marine Aquarium Fish Managed Fishery. The amendment was preceded by consultations with relevant authorities, including the Western Australian Department of Fisheries, and a public comment period to ensure that all stakeholders had an opportunity to provide input. The legislative instrument is compliant with the Legislative Instruments Act 2003 and does not infringe upon any rights or freedoms recognised in international human rights instruments.

Scope and Application

The legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 modifies the list of exempt native specimens by removing certain fish and invertebrate specimens derived from the Western Australian Marine Aquarium Fish Managed Fishery. This Act applies to any person or entity involved in the trade of native specimens and regulates the trade of native species to protect Australia's biodiversity. The geographic scope of this Act extends across the Commonwealth, with the particular amendment focusing on activities governed by Western Australia’s Fish Resources Management Act 1994 and its regulations. The amendment ensures that the trade of specimens from this fishery will no longer be exempt from the trade control provisions, thereby subjecting them to stricter regulations. The instrument was made after appropriate consultations with relevant state authorities and following a public consultation period to gather feedback from interested parties. This legislative change ensures compliance with the Act's overarching aim of biodiversity conservation while maintaining a transparent and inclusive legislative process.

Key Provisions

The main operative sections of this legislation, specifically Section 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), pertain to the establishment and amendment of the list of exempt native specimens. Under Section 303DB, the Act provides for the creation of a list of specimens that are exempt from the trade control provisions that apply to regulated native specimens. The instrument amends this list by removing certain specimens that are or are derived from fish or invertebrates, unless they belong to species listed under Part 13 of the EPBC Act, taken in the Western Australian Marine Aquarium Fish Managed Fishery. This amendment means that such specimens will no longer be exempt from the trade control provisions. The obligations imposed by the Act on the parties or entities it governs include the requirement for the Minister for Sustainability, Environment, Water, Population and Communities to consult with relevant ministers and stakeholders before making any amendments to the list of exempt native specimens. This consultation process ensures that all interested parties have an opportunity to provide input. In this case, the Delegate of the Minister consulted with the Western Australian Department of Fisheries, which has management responsibilities for the fishery in question. Additionally, the proposal to amend the list was advertised on the Department's website, inviting comments from interested people for 22 business days. All comments received were considered in the decision-making process. The legislation also outlines the consequences for non-compliance with the provisions. While specific offences and penalties are not detailed in the explanatory statement, the Act generally imposes civil and criminal penalties for breaches of its provisions. The exact penalties would depend on the nature and severity of the breach, as well as other relevant factors outlined in the EPBC Act. It is important to note that the legislative instrument is compatible with the human rights and freedoms recognised in international instruments, and it commenced on the day after it was registered on the Federal Register of Legislative Instruments.