Amendment of List of Exempt Native Specimens - Western Australian South Coast Salmon Managed Fishery (11/11/2009)

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, addresses the need for comprehensive environmental protection and biodiversity conservation. This Act establishes a framework for the protection of the environment, including the regulation of trade in native specimens. In line with its policy objectives, the Act seeks to manage and control the ecological impacts of activities, species, and areas of national environmental significance. An amendment to the Act, detailed in the Explanatory Statement F2009L04203, introduces certain fish and invertebrate specimens taken in the South Coast Salmon Fishery Management Plan 1982 to the list of exempt native specimens. These specimens are exempt from trade control provisions applicable to regulated native specimens, provided they were taken lawfully and are listed until 15 November 2014. The amendment aims to facilitate the continued export of these specimens, with considerations given to the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument, subject to the Legislative Instruments Act 2003, commenced on the day following its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens applies specifically to certain fish and invertebrate specimens taken in the South Coast Salmon Fishery Management Plan 1982, as established under the Western Australian Fish Resources Management Act 1994. These specimens are exempt from the trade control provisions applicable to regulated native specimens under the EPBC Act, provided they meet the conditions of being lawfully taken and are included on the list until 15 November 2014. The amendment does not extend to specimens belonging to species listed under Part 13 of the EPBC Act. The instrument's scope is national, encompassing all states and territories within Australia, subject to the specified conditions and restrictions. The amendment is a legislative instrument governed by the Legislative Instruments Act 2003, which commenced on the day following its registration on the Federal Register of Legislative Instruments. The Minister for the Environment, Heritage and the Arts consulted with relevant Commonwealth and state ministers before making the amendment, and the proposal was advertised on the Department of the Environment, Water, Heritage and the Arts' website for public comment.

Key Provisions

The main operative sections of this legislative instrument, under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act), pertain to the inclusion of certain specimens in the list of exempt native specimens (Section 303DB). Specifically, this instrument adds 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 South Coast Salmon Fishery Management Plan 1982, made under the Western Australian Fish Resources Management Act 1994. This addition allows for the continued export of these specimens until 15 November 2014, subject to the condition that they were taken lawfully. The obligations and requirements imposed by this Act on the parties or entities it governs include ensuring that the specimens are derived from lawful activities, as per the conditions set out in the instrument. Additionally, the Minister for the Environment, Heritage and the Arts must consult with relevant Commonwealth and state ministers before amending the list of exempt native specimens. The process also involves public consultation, as evidenced by the advertisement of the proposal on the Department of the Environment, Water, Heritage and the Arts' (DEWHA) website, inviting comments for 22 days. There are no specific offences or penalties mentioned in the explanatory statement for breaches of this legislative instrument. However, general provisions under the EPBC Act may apply, including potential civil and criminal penalties for non-compliance with environmental protection and biodiversity conservation laws. The exact penalties would depend on the specific nature and severity of the breach, as well as any relevant state or territory legislation. The legislative instrument is a formal legislative instrument under the Legislative Instruments Act 2003 and became effective the day after its registration on the Federal Register of Legislative Instruments.