Overview

The Environment Protection and Biodiversity Conservation Act 1999, as amended by F2005L01248, aims to address the need for regulating the export of native specimens, particularly those derived from fisheries. Enacted by the Australian Parliament, this Act facilitates the management of biodiversity through the regulation of native species and their export. The specific amendment introduced by F2005L01248 seeks to exempt certain specimens taken in the Western Australian Specimen Shell Managed Fishery from the export control provisions, provided they are derived from fish or invertebrates not listed under Part 13 of the Act. This amendment allows for the continued export of these specimens until 20 May 2010, contingent on their lawful acquisition and compliance with the Australian Government's Guidelines for the ecologically sustainable management of fisheries. The policy objective here is to balance the ecological sustainability of fisheries with the economic benefits of specimen export, ensuring that such activities are conducted in an environmentally responsible manner.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as issued under the authority of the Minister for the Environment and Heritage, pertains to specific specimens derived from fish or invertebrates taken within the Western Australian Specimen Shell Managed Fishery. These specimens, not belonging to species listed under Part 13 of the Act, are exempt from the export control provisions applicable to regulated native specimens. This exemption applies provided the specimens were taken lawfully and are included on the list until 20 May 2010. The decision to list these specimens was made in consideration of the Australian Government’s Guidelines for the ecologically sustainable management of fisheries, which outline the criteria for assessing the ecological sustainability of relevant fisheries management arrangements. The inclusion of these specimens on the list of exempt native specimens allows for their continued export for the next five years. The amendment process included public consultation, with one comment received and considered in the decision-making process. Detailed information, including assessments, the instrument, and related correspondence, is accessible through the Department of the Environment and Heritage's website.

Key Provisions

The key operative sections of the amendment to the Environment Protection and Biodiversity Conservation Act 1999 (the Act) relate to the addition of certain specimens to the list of exempt native specimens under Section 303DB (1). This amendment specifically concerns specimens that are or are derived from fish or invertebrates, excluding those that belong to species listed under Part 13 of the Act. These specimens must be taken in the Western Australian Specimen Shell Managed Fishery, as defined in the Western Australian Specimen Shell Management Plan 1995, made under the Western Australian Fish Resources Management Act 1994. The inclusion of these specimens on the list is subject to certain notations: the specimens must be taken lawfully, and they remain on the list until 20 May 2010. This amendment allows for the continued export of these specimens for the next five years. The obligations and requirements imposed by this Act on the parties or entities it governs primarily concern compliance with the criteria set forth in the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. These guidelines establish the criteria for assessing the ecological sustainability of the relevant fisheries management arrangements. In this case, the inclusion of the specimens in the list of exempt native specimens was determined in accordance with these guidelines, ensuring that the ecological sustainability of the fishery is maintained. Additionally, the proposed listing of these specimens was publicised, and comments were sought from the public. The feedback received was considered in the decision-making process. In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not specify particular penalties for non-compliance with the provisions related to the listing of exempt native specimens. However, general provisions of the Act may apply, which include penalties for unauthorised activities related to the export of native specimens. Offences under the Act can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment. The exact penalties would depend on the specific nature of the breach and the relevant sections of the Act that are contravened. The Act provides a framework for enforcement and compliance, ensuring that the provisions are adhered to and ecological sustainability is upheld.