Amendment of List of Exempt Native Specimens - Western Australian South Coast Crustacean Fishery (28/09/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, aims to provide a comprehensive framework for the protection of the environment and biodiversity. One of its provisions is the establishment of a list of exempt native specimens, which are exempt from the trade control measures that apply to regulated native specimens. The Act was introduced to address the need for effective environmental protection and the sustainable management of Australia's biodiversity. This legislative instrument amends the List of Exempt Native Specimens by revoking the conditions that were previously imposed on specimens taken in the Western Australian South Coast Crustacean Fishery and replacing them with new conditions that ensure the ecological sustainability of the fishery. This amendment was made to allow continued export of these specimens until 30 September 2011, while also taking into account the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant ministers and stakeholders before making this amendment, ensuring that the changes align with the policy objective of promoting sustainable fisheries management. The legislative instrument, F2010L02566, is a part of the Legislative Instruments Act 2003 and came into effect on the day after it was registered on the Federal Register of Legislative Instruments. The instrument's unique identifying number is EPBC303DC/SFS/2010/45. The amendment to the List of Exempt Native Specimens in the Environment Protection and Biodiversity Conservation Act 1999 is a response to the need for improved ecological sustainability in the Western Australian South Coast Crustacean Fishery, as outlined in "The South Coast Crustacean Fishery - A Discussion Paper." By implementing new management arrangements and consulting with relevant parties, the Australian Government aims to protect the environment while allowing for the continued export of these specimens until 30 September 2011.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, as specified in F2010L02566, pertains to specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Western Australian South Coast Crustacean Fishery. The amendment revokes previous conditions and imposes new conditions on the inclusion of these specimens in the list of exempt native specimens. The primary condition is that the specimens, or the fish or invertebrate from which they are derived, must be taken lawfully. Additionally, the Department of Fisheries, Western Australia is mandated to implement new management arrangements by September 2011 to enhance the ecological sustainability of the fishery, as outlined in "The South Coast Crustacean Fishery - A Discussion Paper". The specimens remain exempt until 30 September 2011. The amendment aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability criteria are met. This legislative instrument applies across the Commonwealth and involves consultation with relevant state and territory ministers, as well as other appropriate persons and organisations, in line with the EPBC Act.

Key Provisions

The key operative sections of this legislation, detailed in Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999, concern the amendment of the List of Exempt Native Specimens. The amendment involves revoking previous conditions for certain specimens, specifically those derived from fish or invertebrates from the Western Australian South Coast Crustacean Fishery, which were subject to certain conditions since their inclusion on 1 December 2004. The Act removes these conditions and replaces them with new ones. Under the new conditions, these specimens will be exempt from trade control provisions if they were taken lawfully, if new management arrangements are implemented by the Department of Fisheries, Western Australia by September 2011, and if the specimens are included in the list until 30 September 2011. The Act imposes several obligations on the parties involved. Firstly, the specimens must have been taken lawfully. This requirement ensures that the specimens are obtained in compliance with applicable laws and regulations. Secondly, the Department of Fisheries, Western Australia must implement new management arrangements by September 2011 to improve the ecological sustainability of the fishery. This includes addressing the sustainability issues outlined in “The South Coast Crustacean Fishery - A Discussion Paper”. The implementation of these arrangements is essential to meet the conditions set by the Act. Finally, the specimens are included in the list of exempt native specimens only until 30 September 2011. This time-limited inclusion ensures that the provisions apply only for the specified period. The Act does not explicitly state any offences, penalties, or consequences for breach of its provisions. However, failure to comply with the conditions set out in the Act could potentially lead to legal action. Since the Act is designed to manage the trade of native specimens in an ecologically sustainable manner, non-compliance could result in the specimens becoming subject to trade control provisions, which could disrupt the export and trade of these specimens. Additionally, the failure to implement the required management arrangements by the Department of Fisheries, Western Australia could lead to further regulatory scrutiny or action from relevant authorities.