Amendment of List of Exempt Native Specimens - Western Australian South Coast Trawl Fishery (14/05/2013) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly in relation to biodiversity and heritage. This legislation addresses the problem of unregulated trade in native specimens that could potentially harm native species or ecosystems. The Act establishes a framework for the conservation and sustainable use of Australia's biodiversity and natural heritage. The policy objective is to ensure that the trade of native specimens does not negatively impact the environment or the survival of native species. The Act was introduced by the Parliament of Australia to provide a comprehensive legal mechanism to protect the environment and biodiversity, including the regulation of the trade of native specimens. The legislative instrument, F2013L00806, amends the list of exempt native specimens under Section 303DC of the EPBC Act. This amendment involves the removal of certain specimens derived from fish or invertebrates, specifically those taken in the Western Australian South Coast Trawl Fishery, from the list of exempt native specimens. The decision to amend the list was preceded by consultations with relevant authorities, including the Western Australia Department of Fisheries, and a public comment period. The instrument ensures compliance with the legislative requirements of the Legislative Instruments Act 2003 and was registered on the Federal Register of Legislative Instruments. The compatibility of this legislative instrument with human rights has been confirmed, as it does not engage any applicable rights or freedoms.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is an Australian federal legislation that aims to protect the environment, including native flora and fauna, through a range of measures, including the regulation of trade in native specimens. Section 303DB of the EPBC Act provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument amends the list of exempt native specimens by deleting specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the Western Australian South Coast Trawl Fishery. This amendment affects the fishery industry in Western Australia and applies to all entities involved in the trade of fish or invertebrate specimens derived from this fishery. The Minister for Sustainability, Environment, Water, Population and Communities consulted with the Western Australia Department of Fisheries and invited comments from interested parties before making the decision to include these specimens in the list of exempt native specimens. The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments. This legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The primary operative sections of this legislative instrument are Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC, specifically subsection 303DC(3), requires consultation with relevant ministers, departments, and other stakeholders before amending the list of exempt specimens. This legislative instrument operates by removing certain specimens from the list of exempt native specimens. Specifically, it deletes specimens that are or are derived from fish or invertebrates taken in the Western Australian South Coast Trawl Fishery, except for those specimens that belong to species listed under Part 13 of the EPBC Act. The obligations imposed by this Act include a requirement for the Minister for Sustainability, Environment, Water, Population and Communities to consult with relevant ministers and departments before making amendments to the list of exempt specimens. In this case, the Delegate consulted with the Western Australia Department of Fisheries, given its management responsibilities for the fishery. Additionally, the proposal to amend the list was advertised on the Department’s website, inviting comments from interested parties for a period of 22 business days. The Act also requires that all comments received be taken into account when making decisions about the list of exempt specimens. In terms of consequences for breach, the Act does not explicitly outline specific offences, penalties, or consequences for non-compliance with the consultation or amendment processes. However, non-compliance with the requirements to consult or consider public comments could potentially lead to legal challenges or administrative reviews on the grounds of procedural unfairness or improper exercise of power. The broader implications of failing to comply with environmental protection laws, including potential penalties under the EPBC Act itself, would be applicable, but these are not detailed in the instrument itself.