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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for a comprehensive legal framework that protects Australia's environment and biodiversity, including its native species, ecosystems, and heritage places. The Act provides for the regulation of activities that have, or are likely to have, a significant impact on matters of national environmental significance. This legislative instrument amends the list of exempt native specimens under the EPBC Act to include certain specimens derived from fish or invertebrates taken in the Western Australian Shark Bay Scallop Managed Fishery, subject to specific conditions and restrictions. This amendment aims to facilitate the continued export of these specimens until 31 January 2018, ensuring compliance with Australia’s guidelines for the ecologically sustainable management of fisheries while allowing for the responsible management of the fishery concerned. The amendment process involved consultation with relevant authorities and stakeholders, including the Western Australian Department of Fisheries, and an invitation for public comment on the Department’s website.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens is an instrument that modifies the list of exempt native specimens under section 303DB of the EPBC Act. Specifically, it includes specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Western Australian Shark Bay Scallop Managed Fishery as defined in the Shark Bay Scallop Management Plan 1994, subject to specific conditions and restrictions. This amendment allows for the continued export of these specimens until 31 January 2018, provided they were taken lawfully. The instrument applies to the management of fisheries in Western Australia, specifically the Shark Bay Scallop Managed Fishery, and is intended to align with the Australian Government’s guidelines for the ecologically sustainable management of fisheries. The amendment process involved consultation with the Western Australian Department of Fisheries and public notice, though no comments were received. The legislative instrument is registered and commenced on the day after its registration on the Federal Register of Legislative Instruments, and it does not affect any rights or freedoms recognised in international human rights instruments.

Key Provisions

The primary operative sections of this legislation are Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. Section 303DC allows for the amendment of this list, permitting the inclusion of certain specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act. This amendment specifically includes specimens taken in the Western Australian Shark Bay Scallop Managed Fishery, subject to conditions such as lawful taking and inclusion until 31 January 2018. The Act imposes several obligations and requirements on the parties involved. For instance, the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Commonwealth and state ministers, as well as other persons and organisations deemed appropriate, before amending the list of exempt native specimens. In this case, consultation was conducted with the Western Australian Department of Fisheries, which has management responsibilities for the concerned fishery. Additionally, the proposal to amend the list was advertised on the Department of Sustainability, Environment, Water, Population and Communities' website, inviting comments from interested parties for 22 business days, although no comments were received. The legislation does not explicitly outline offences or penalties for breaches related to the inclusion of specimens in the list of exempt native specimens. However, general provisions of the EPBC Act and associated regulations may apply to breaches of trade control provisions or other related offences. Penalties for such breaches can include substantial fines and imprisonment terms, as stipulated by the relevant sections of the Act. The specifics of these penalties would depend on the nature and severity of the breach, with maximum penalties varying according to the particular offence committed. In conclusion, this legislative instrument aims to facilitate the continued export of certain specimens until 31 January 2018 by exempting them from trade control provisions, subject to specific conditions. It mandates consultation with relevant authorities and public advertisement of proposed amendments, ensuring transparency and stakeholder involvement in the decision-making process. While the specific penalties for breaches are not detailed in this instrument, the overarching provisions of the EPBC Act provide a framework for addressing non-compliance.