Amendment of List of Exempt Native Specimens - Western Australian Shark Bay Snapper Fishery (17/08/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, including its biodiversity and heritage, and to manage the impact of Commonwealth activities on the environment. The Act establishes mechanisms for the assessment and approval of activities that may significantly impact the environment, and it includes provisions for the regulation of trade in native flora and fauna. The problem this legislation was introduced to address is the need to manage the trade of native specimens to ensure it does not threaten biodiversity or the environment, while allowing for sustainable use where appropriate. This Act is enacted by the Parliament of Australia and its policy objective is to protect and conserve Australia's unique natural environment and heritage. This legislative instrument amends the list of exempt native specimens under the EPBC Act, removing certain specimens taken from the Western Australian Shark Bay Snapper Fishery from the exemption list. This change ensures that these specimens are subject to the trade control provisions applicable to regulated native specimens, enhancing the protection of the species within this fishery. The amendment was made following consultation with relevant authorities, including the Department of Fisheries Western Australia, to ensure that the changes are appropriate and effective. The legislative instrument is designed to be consistent with the overarching objectives of the EPBC Act, which is to balance environmental protection with sustainable use of natural resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act, 1999 Amendment of the List of Exempt Native Specimens, as set out in F2010L02392, pertains to the modification of the list of specimens exempt from trade control provisions under the Act. Specifically, it removes certain specimens derived from fish or invertebrates taken in the Western Australian Shark Bay Snapper Fishery, as defined by the Shark Bay Snapper Management Plan 1994 under the Western Australian Fisheries Resources Management Act 1994, from the list of exempt native specimens, except for those belonging to species listed under Part 13 of the Act. This amendment applies to the Commonwealth, state, and territory jurisdictions in Australia, impacting the entities and persons involved in the trade of these specimens. The amendment was enacted after appropriate consultations with relevant ministers and stakeholders, including the Department of Fisheries Western Australia due to its management responsibilities for the fishery. The legislative instrument was registered on the Federal Register of Legislative Instruments, signifying its official commencement and applicability under Australian law.

Key Provisions

The primary operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in this legislative instrument are Sections 303DB and 303DC (1). Section 303DB establishes a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. Section 303DC(3) mandates that before amending the list, the Minister for Environment Protection, Heritage and the Arts must consult with relevant Commonwealth Ministers, state and territory ministers, and other persons or organisations deemed appropriate. This consultation process ensures that all relevant parties are considered before making amendments to the list. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it requires the Minister to consult with relevant stakeholders before making any amendments to the list of exempt native specimens. This includes consulting with the Department of Fisheries Western Australia, as they have management responsibility for the fishery concerned. Secondly, it mandates that any specimens that are or are derived from fish or invertebrates taken in the Western Australian Shark Bay Snapper Fishery, as defined in the Shark Bay Snapper Management Plan 1994, be removed from the list of exempt native specimens. Exceptions are made for specimens belonging to species listed under Part 13 of the Act. The legislative instrument also outlines the consequences for non-compliance with the provisions of the EPBC Act. Although specific offences, penalties, and civil or criminal consequences are not detailed in this particular instrument, the broader EPBC Act provides for various penalties. These can include fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties for offences under the Act can vary, but they are designed to ensure compliance with environmental protection and biodiversity conservation measures. It is important for parties and entities governed by the Act to adhere to its requirements to avoid any potential legal repercussions.