Amendment of the List of Exempt Native Specimens - Coral Sea Fishery (16/11/2007)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the nation's biodiversity, by offering a framework for the management of the impacts of Commonwealth activities, as well as the regulation of actions that may have a significant impact on matters of environmental importance. This legislation addresses the gap in environmental protection by ensuring that native species and their habitats are safeguarded, both within and beyond Australian jurisdiction. The Act was introduced by the Australian Parliament with the policy objective of promoting ecologically sustainable development and the conservation of biodiversity. This particular legislative instrument, issued under the authority of the Minister for the Environment and Water Resources, aims to amend the List of Exempt Native Specimens as outlined in Section 303DB of the EPBC Act. The instrument adds certain fish and invertebrate specimens taken in the Coral Sea Fishery to the list, subject to specific conditions that they were taken lawfully and are covered by a declaration of an approved wildlife trade operation. The decision to include these specimens was informed by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, aiming to align with the criteria established for assessing the ecological sustainability of fisheries management arrangements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens concerns the addition of specific fish and invertebrate specimens taken in the Coral Sea Fishery to the list of exempt native specimens, thereby exempting them from the trade control provisions that apply to regulated native specimens. This amendment applies to specimens derived from fish or invertebrates taken in the Coral Sea Fishery, as defined under the Fisheries Management Act 1991, provided they are not from species listed under Part 13 of the EPBC Act. The inclusion of these specimens in the list is conditional upon their lawful taking and the coverage by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. The legislative instrument was developed in consideration of the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries and involved consultation with relevant Ministers and the Australian Fisheries Management Authority, as stipulated in the Act. This amendment operates under the legislative framework of the Legislative Instruments Act 2003, coming into effect on the date of its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of the legislation (Section 303DB and 303DC) establish a list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999. This list exempts certain specimens from the trade control provisions applicable to regulated native specimens. Specifically, the amendment adds specimens taken in the Coral Sea Fishery, as defined in the Statement of Management Arrangements, Coral Sea Fishery 2007, under the Fisheries Management Act 1991. These additions are subject to certain conditions: the specimens must be taken lawfully and covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act. The Act imposes several obligations on the parties involved. Firstly, it mandates that specimens included on the list must be taken lawfully, which means they must comply with all relevant fishing regulations and laws. Secondly, it requires that these specimens be covered by a declaration from an approved Wildlife Trade Operation, ensuring that the trade of these specimens adheres to specified standards and regulations. This requirement ensures that the ecological sustainability criteria outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries are met. Failure to comply with the provisions of this Act may result in various civil and criminal consequences. While the specific penalties are not detailed within the explanatory statement, breaches of environmental legislation generally may result in substantial fines and potential imprisonment. The exact penalties would be determined by the courts based on the nature and severity of the breach. Additionally, entities involved in unlawful trade could face additional administrative penalties, including the revocation of permits or licenses necessary for conducting trade operations. The overarching intent is to enforce compliance with ecological sustainability and protect native species from unregulated and potentially harmful trade practices.