Amendment of List of Exempt Native Specimens - Western Australian Shark Bay Snapper Fishery (23/09/2009)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation aims to address the ecological sustainability of fisheries management arrangements through the establishment of a list of exempt native specimens, which are exempt from trade control provisions. In response to these objectives, the EPBC Act Amendment of the List of Exempt Native Specimens in accordance with Section 303DC was introduced. This legislative instrument was enacted to include certain fish and invertebrate specimens taken in the Western Australian Shark Bay Snapper Fishery, as defined in the Shark Bay Snapper Management Plan 1994, on the list of exempt native specimens, subject to specific conditions. This amendment was made to allow for the continued export of these specimens until 30 September 2014, in line with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for the Environment, Heritage and the Arts consulted with relevant stakeholders before making this amendment and invited comments from interested parties, although no comments were received.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment Instrument pertains to the amendment of the list of exempt native specimens as stipulated under section 303DB of the Act. This legislative instrument aims to include specimens derived from fish or invertebrates taken within the Western Australian Shark Bay Snapper Fishery, as defined in the Shark Bay Snapper Management Plan 1994, into the list of exempt native specimens. This inclusion exempts these specimens from the trade control provisions that apply to regulated native specimens, while ensuring that they are taken lawfully and excluding any specimens that belong to species listed under Part 13 of the EPBC Act. The exemption is subject to the condition that it remains in effect until 30 September 2014. The Minister for the Environment, Heritage and the Arts was required to consult with relevant ministers and invite public comment before making this amendment, though no comments were received. This instrument is a legislative instrument under the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative 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 not subject to the trade control provisions applicable to regulated native specimens. Section 303DC enables the amendment of this list by the Minister for the Environment, Heritage and the Arts, after appropriate consultation and public notification. This instrument specifically adds certain fish and invertebrate specimens taken in the Western Australian Shark Bay Snapper Fishery to this list, subject to specific conditions and restrictions. The Act imposes several obligations and requirements on parties and entities it governs. Firstly, the Minister 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 (section 303DC(3)). This ensures that any changes are made with consideration of diverse interests and expert input. Furthermore, the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts’ (DEWHA) website, inviting public comment for a period of 25 days. These steps demonstrate a commitment to transparency and stakeholder engagement in the legislative process. Breach of the provisions outlined in this legislation may lead to civil or criminal consequences. However, the specific nature of these consequences is not detailed within the explanatory statement. In general, unauthorised trade of native specimens can result in fines and imprisonment under the EPBC Act. For instance, section 487 of the Act imposes a maximum penalty of $330,000 or three years imprisonment, or both, for individuals and $1.65 million for bodies corporate, for offences relating to the unauthorised trade of native specimens. Additionally, section 488A provides for civil penalty provisions with maximum fines of $660,000 for individuals and $3.3 million for bodies corporate. These penalties serve as a deterrent to non-compliance with the Act’s provisions.