Amendment of List of Exempt Native Specimens - Western Australian Prawn Managed Fisheries (22/04/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. It provides a framework for the management of species and ecosystems, including the regulation of trade in native specimens. In accordance with Section 303DC of the EPBC Act, an amendment was introduced to the List of Exempt Native Specimens to remove specific conditions previously imposed on specimens derived from certain Western Australian fisheries, namely the Broome Prawn Managed Fishery, the Kimberley Prawn Managed Fishery, the Onslow Prawn Managed Fishery, and the Nickol Bay Prawn Managed Fishery. This change was made to allow for the continued lawful export of these specimens until 20 August 2010, provided they were taken lawfully and did not belong to species listed under Part 13 of the Act. The amendment was made after consultation with the Western Australian Department of Fisheries, which has management responsibility for the fisheries in question, and aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Scope and Application

The F2010L01066 instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by altering the conditions governing the exemption of certain native specimens from trade controls. This revision specifically concerns specimens derived from fish or invertebrates taken in several prawn managed fisheries in Western Australia, including the Broome, Kimberley, Onslow, and Nickol Bay fisheries. The exemption applies to these specimens as long as they were taken lawfully and are not derived from species listed under Part 13 of the EPBC Act. The amendment revokes the previous conditions attached to the exemption and imposes new conditions that the specimens must be included on the list of exempt native specimens until 20 August 2010. This change allows for the continued export of these specimens under specified conditions until the imposed date. The amendment follows the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability of the fisheries management arrangements has been considered. The Minister for Environment Protection, Heritage and the Arts, in making this amendment, consulted with the Western Australian Department of Fisheries, which has management responsibility for the relevant fisheries. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislation, specifically Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act), are concerned with the establishment and amendment of a list of exempt native specimens (subsection 303DB). The instrument focuses on the revocation of conditions previously applied to certain specimens from specific prawn fisheries in Western Australia, namely the Broome Prawn Managed Fishery, the Kimberley Prawn Managed Fishery, the Onslow Prawn Managed Fishery, and the Nickol Bay Prawn Managed Fishery. The intent is to allow continued export of these specimens until 20 August 2010, provided they were taken lawfully and are not species listed under Part 13 of the Act. In terms of obligations and requirements, the Act stipulates that the Minister for Environment Protection, Heritage and the Arts must consult with relevant Commonwealth, state, and territory ministers, as well as other persons and organisations deemed appropriate, before amending the list of exempt native specimens. In this particular case, the Delegate of the Minister consulted with the Western Australian Department of Fisheries, which holds management responsibility for the specified fisheries. The Act also mandates that specimens included in the list must be taken lawfully and that their inclusion on the list is temporary, lasting until 20 August 2010. The legislation does not explicitly detail specific offences, penalties, or consequences for breach within the text provided. However, it is implicit that failure to comply with the conditions governing the export of these specimens could result in legal repercussions under the broader framework of the EPBC Act, including potential civil or criminal penalties as stipulated by relevant sections of the Act. The maximum penalties for breaches under the EPBC Act can vary significantly depending on the severity and nature of the offence, and may include substantial fines and imprisonment. The legal instrument is designed to ensure that the ecological sustainability of the fisheries involved is maintained, as per the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. This consideration underscores the importance of the consultation process and the criteria applied in determining the inclusion of specimens on the list of exempt native specimens. The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments, with a unique identifying number EPBC303DC/SFS/2010/16.