Amendment of List of Exempt Native Specimens - Western Australian Trochus Fishery (15/06/2009)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the biodiversity, and to establish a framework for the conservation of native species and their habitats. This Act addresses the problem of unregulated trade in native specimens that could potentially harm native ecosystems. The legislative instrument F2009L02401 amends the list of exempt native specimens under Section 303DC of the EPBC Act. This amendment was introduced to address specific concerns regarding the trade of certain fish and invertebrate specimens from the Western Australia Trochus Fishery. The policy objective here is to facilitate the continued export of these specimens while ensuring that the trade is managed sustainably and complies with the requirements of the EPBC Act. This amendment was enacted by the Delegate of the Minister for Environment, Heritage and the Arts, following consultations with relevant authorities and stakeholders, including the Western Australian Department of Fisheries. The amendment was also advertised publicly for comment, though none were received.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies specifically to specimens of fish and invertebrates taken in the Western Australia Trochus Fishery, which are exempt from the trade control provisions for regulated native specimens. This exemption applies only if the specimens or the fish or invertebrate from which they are derived were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. The exclusion criteria pertain to specimens belonging to species listed under Part 13 of the EPBC Act. The geographic reach of this amendment is limited to the waters managed under the Western Australia Fish Resources Management Act 1994. The amendment is subject to the Minister for the Environment, Heritage and the Arts consulting with relevant Commonwealth and state ministers, as well as seeking public comment, which in this case did not result in any feedback. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes a provision for a list of exempt native specimens, as outlined in section 303DB, which exempts certain specimens from trade control requirements applicable to regulated native specimens. This legislative instrument, identified as EPBC303DC/SFS/2009/17, amends the list to include 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 Australia Trochus Fishery, as defined under the Western Australia Fish Resources Management Act 1994. The inclusion of these specimens on the list of exempt native specimens is contingent upon two main conditions: the specimen or the fish or invertebrate from which it is derived must have been taken lawfully, and the specimens must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fishery. The obligations imposed by this legislative instrument on the relevant parties include ensuring that any specimens taken from the fishery comply with the legal requirements outlined in section 303DB of the EPBC Act. Specifically, it is mandatory for the specimens to have been taken lawfully and must be part of a declared Wildlife Trade Operation. The Minister for the Environment, Heritage and the Arts is required to consult with relevant ministers and stakeholders before making any amendments to the list of exempt native specimens. In this instance, the Western Australian Department of Fisheries, which has management responsibility for the fishery, was consulted. Additionally, the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts' website, inviting comments from interested parties for a period of 20 days, although no comments were received. Breaches of the conditions for the exemption of specimens from trade control provisions under the EPBC Act could lead to civil or criminal consequences. Under the EPBC Act, any unlawful taking or trade of native specimens can result in penalties. The maximum penalties for contravening the Act include substantial fines and, in severe cases, imprisonment. Specifically, under section 516 of the EPBC Act, an individual can be fined up to $330,000 or imprisoned for up to five years, or both, for a serious offence. For corporations, the fines can be even higher, reaching up to $2.1 million, as outlined in section 517 of the Act. These stringent penalties underscore the importance of compliance with the Act’s provisions regarding the trade and management of native specimens.