Amendment of List of Exempt Native Specimens - Western Australian Shark Bay Prawn Managed Fishery (28/01/2013) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with regard to matters of national environmental significance. This Act was introduced to address the need for a comprehensive framework to manage and protect Australia's biodiversity and its interactions with other environmental factors. The Act is administered by the Parliament of Australia, with the policy objective of integrating environmental considerations into decision-making processes across various sectors. An amendment to the EPBC Act, as evidenced in the legislative instrument F2013L00129, involves the modification of the list of exempt native specimens. This particular amendment removes certain specimens taken in the Western Australian Shark Bay Prawn Managed Fishery from the list of exempt native specimens, thereby subjecting them to the trade control provisions applicable to regulated native specimens. The decision to make these changes was preceded by consultations with relevant stakeholders, including the Western Australian Department of Fisheries, and a public comment period, though no comments were received. This legislative instrument is consistent with existing human rights and freedoms and was registered on the Federal Register of Legislative Instruments following its enactment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment, as reflected in the legislative instrument F2013L00129, pertains to the regulation of trade in native specimens, specifically targeting those derived from fish or invertebrates taken in the Western Australian Shark Bay Prawn Managed Fishery. This Act applies to the trade of such specimens, which are otherwise exempt from the trade control provisions applicable to regulated native specimens under Section 303DB of the EPBC Act. The amendment excludes specimens belonging to an eligible listed threatened species from the removal from the list of exempt native specimens. Geographically, the Act has a national reach, extending its provisions across Australia, and is overseen by the Commonwealth government, specifically the Minister for Sustainability, Environment, Water, Population and Communities. This minister is responsible for consulting with relevant state ministers and other stakeholders before making amendments to the list of exempt native specimens. The consultation process, as evidenced in this case, includes engaging with the Western Australian Department of Fisheries due to their management responsibilities over the fishery in question. Additionally, the proposal was advertised on the Department's website to invite public comment, although none were received in this instance. The legislative instrument is subject to the Legislative Instruments Act 2003 and does not infringe upon any recognised human rights or freedoms.

Key Provisions

The key operative sections of this legislation are Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB sets up a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC allows for the amendment of this list by the Minister for Sustainability, Environment, Water, Population and Communities. This particular amendment seeks to remove certain specimens from the list of exempt native specimens, specifically those that are or are derived from fish or invertebrates taken in the Western Australian Shark Bay Prawn Managed Fishery, unless they belong to an eligible listed threatened species. The Act imposes several obligations and requirements on the parties involved. The Minister must consult with relevant ministers and other stakeholders before making amendments to the list of exempt native specimens, as stipulated in subsection 303DC(3). In this instance, 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 parties for a period of 22 business days. The absence of any comments received indicates compliance with the public consultation requirement. The legislation also outlines the consequences for non-compliance. Although the explanatory statement does not specify any penalties for breaching the amended list of exempt native specimens, the EPBC Act generally provides for both civil and criminal penalties for breaches. These can include substantial fines and imprisonment for individuals and organisations that contravene the Act. The specific penalties would depend on the nature and severity of the breach, as well as any relevant case law and precedents. The instrument itself is a legislative instrument under the Legislative Instruments Act 2003. It was registered on the Federal Register of Legislative Instruments, and it commenced on the day following its registration. Importantly, this legislative instrument does not engage any of the applicable rights or freedoms and is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This ensures that the amendment aligns with Australia’s international obligations and commitments under human rights conventions.