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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework for the protection of the environment, particularly biodiversity, and to provide for the sustainable use of natural resources. This legislation seeks to fill the gap in existing legal frameworks by offering a national approach to environmental protection, including the regulation of activities that may have a significant impact on the environment and biodiversity. The Act was introduced by the Australian Parliament to provide a cohesive strategy for managing environmental issues on a national level, ensuring that federal, state, and territory laws work in harmony. One of the key policy objectives of the EPBC Act is to promote the ecologically sustainable use of natural resources, which includes the regulation of trade in native species to prevent overexploitation and to protect biodiversity. This legislative instrument amends the list of exempt native specimens under the EPBC Act to include certain fish and invertebrate specimens taken in the South-West Coast Salmon Fishery Management Plan 1982, made under the Western Australian Fish Resources Management Act 1994. This amendment aims to allow continued export of these specimens until 15 November 2014, provided they were taken lawfully. The decision to amend the list was made in consultation with relevant ministers and authorities, in line with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC pertains specifically to the inclusion of certain fish and invertebrate specimens derived from the South-West Coast Salmon Fishery Management Plan 1982, under the Western Australian Fish Resources Management Act 1994, onto the list of exempt native specimens. This legislative amendment applies to these particular specimens, excluding those belonging to species listed under Part 13 of the EPBC Act, and is effective until 15 November 2014. The exemption from trade control provisions is contingent on the specimens being taken lawfully, thereby facilitating continued export until the specified date. This amendment extends to the Commonwealth jurisdiction, and while it does not explicitly exclude any persons, entities, or industries, its application is narrowly tailored to the described specimens within the stated conditions. The decision to amend the list was made after appropriate consultation with relevant Ministers and the public, as required by the EPBC Act, though no comments were received on the proposal.

Key Provisions

The primary operative section of this legislation is Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act), which provides for the amendment of the list of exempt native specimens (Section 303DB). Specifically, this legislative instrument includes specimens of fish and invertebrates, taken within the South-West Coast Salmon Fishery Management Plan 1982, into the list of exempt native specimens. These specimens are exempt from trade control provisions that apply to regulated native specimens. However, this exemption is conditional: the specimens must be lawfully taken, and the exemption is limited to the period until 15 November 2014. The Act imposes certain obligations on the parties involved, ensuring that the inclusion of these specimens on the list of exempt native specimens is contingent upon compliance with specific conditions. Primarily, the specimens must be lawfully taken, which means they must adhere to the legal requirements set out in the Western Australian Fish Resources Management Act 1994 and the South-West Coast Salmon Fishery Management Plan 1982. Furthermore, the exemption is temporary, lasting only until 15 November 2014. This ensures that the ecological sustainability of the fisheries is maintained and aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. In the event of a breach of the conditions outlined in this legislation, there are potential civil or criminal consequences. While the specific penalties for breach are not detailed in the Explanatory Statement, the EPBC Act generally provides for significant penalties for non-compliance with its provisions. These may include fines and, in more severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as the provisions of other relevant legislation. The Minister for the Environment, Heritage and the Arts is required to consult with other relevant Ministers and stakeholders before amending the list, as stipulated in subsection 303DC(3) of the EPBC Act, ensuring that all parties have an opportunity to provide input and that the amendment is well-considered and justified.