Amendment of List of Exempt Native Specimens - Western Australian Shark Bay Snapper Fishery (25/06/2009)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. One of the mechanisms within the Act is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The Act was introduced to address the need for a comprehensive framework to protect biodiversity and manage environmental impacts at a national level. The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to provide for the protection of the environment and to address gaps in environmental protection legislation. The legislative instrument amending the List of Exempt Native Specimens under Section 303DC of the EPBC Act was introduced to revoke existing conditions and impose new conditions on the exemption of certain fish and invertebrate specimens from the Western Australian Shark Bay Snapper Fishery. The policy objective in this case was to allow the continued export of these specimens until 30 September 2009, while ensuring that they were taken lawfully and did not belong to species listed under Part 13 of the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument pertains to specimens that are, or are derived from, fish or invertebrates taken in the Western Australian Shark Bay Snapper Fishery. This legislation amends the existing conditions governing the exemption of these specimens from the trade control provisions applicable to regulated native specimens under the EPBC Act. The amendment removes the previous conditions and imposes new ones, specifically that the specimens must have been taken lawfully and remain exempt until 30 September 2009. This legislative change is made in accordance with section 303DC of the EPBC Act and is intended to facilitate continued export of these specimens up until the specified date. The instrument applies to entities and persons involved in the trade of these specimens, with a focus on the fishery management arrangements in Western Australia, ensuring they adhere to the ecological sustainability criteria outlined in 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, including the Western Australian Department of Fisheries, in line with the requirements of subsection 303DC(3) of the EPBC Act. This instrument is a legislative instrument under the Legislative Instruments Act 2003 and came into effect on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The key operative sections of the legislation (Section 303DB and 303DC) provide for the establishment and amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specimens included in this list are exempt from the trade control provisions that apply to regulated native specimens. This particular amendment concerns specimens taken in the Western Australian Shark Bay Snapper Fishery, as defined in the Shark Bay Snapper Management Plan 1994. The amendment revokes the conditions previously imposed on the inclusion of these specimens on the list of exempt native specimens and replaces them with new conditions. Under the new conditions, the specimens can only be included on the list if they were taken lawfully and must remain on the list until 30 September 2009. This change ensures that the export of these specimens can continue until the specified date. The decision to amend the list was made in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, which establish criteria for assessing the ecological sustainability of relevant fisheries management arrangements. The Act imposes specific obligations on the parties involved. The Minister for Environment, Heritage and the Arts, or their delegate, must consult with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, before amending the list of exempt native specimens. In this case, the delegate consulted with the Western Australian Department of Fisheries due to their management responsibility for the fishery in question. The Minister’s decision to amend the list must also take into account the guidelines for ecologically sustainable management of fisheries. Failure to comply with the provisions of the EPBC Act can result in various civil and criminal consequences. Offences under the Act may include unauthorised trade in native specimens or failure to comply with the conditions imposed on the list of exempt specimens. Penalties for these offences can vary, but they may include substantial fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the offence, as well as any relevant jurisdictional guidelines and statutes. The Act’s provisions are designed to ensure that the trade and management of native specimens are conducted in an ecologically sustainable manner, thereby protecting biodiversity and natural resources.