Amendment of the List of Exempt Native Specimens - Joint Authority Northern Shark Fishery (11/04/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, particularly with regard to biodiversity conservation. One of its key mechanisms is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This legislation was introduced to address the need for a comprehensive approach to environmental protection that encompasses both biodiversity and ecological processes. The EPBC Act is administered by the Parliament of Australia, with the policy objective of ensuring that the federal government, in collaboration with state and territory governments, effectively manages and conserves Australia's biodiversity and environment. The amendment of the list of exempt native specimens, as detailed in the legislative instrument F2008L01323, was undertaken to align with the revocation of a Wildlife Trade Operation declaration for the Joint Authority Northern Shark Fishery, thereby preventing the export of products from the fishery.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, through this amending instrument, adjusts the list of exempt native specimens by removing certain fish and invertebrate specimens, specifically those derived from the Joint Authority Northern Shark Fishery. These specimens, unless belonging to species listed under Part 13 of the EPBC Act, are no longer exempt from trade control provisions applicable to regulated native specimens. This change reflects the revocation of the Wildlife Trade Operation declaration for the fishery, which occurred on 11 April 2008, thereby prohibiting exports from this fishery. The amendment applies to all persons and entities involved in the trade of these specimens, ensuring compliance with the updated regulations. This legislative instrument is effective from the day following its registration on the Federal Register of Legislative Instruments, and its scope is limited to the geographic area where the Joint Authority Northern Shark Fishery operates.

Key Provisions

The main operative sections of this legislation, specifically section 303DC(3), facilitate the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). The instrument revises the list to remove certain 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 Joint Authority Northern Shark Fishery. This change is implemented to reflect the revocation of the Wildlife Trade Operation declaration for the fishery, which took effect on 11 April 2008. The revocation of the declaration signifies that the export of products from this fishery is no longer permitted, thereby necessitating the update to the list of exempt specimens. In accordance with the requirements of the EPBC Act, consultation was a critical component of this amendment process. The legislation mandates consultation with relevant Ministers and departments, as outlined in section 303DC(3). Specifically, consultation was conducted with the Hon Tony Burke MP, Minister for Agriculture, Fisheries and Forestry, and the Hon Jon Ford JP MLC, Western Australia Minister for Fisheries. Additionally, consultations were held with the Department of Agriculture, Fisheries and Forestry and the Department of Fisheries, Western Australia. This consultation process ensures that all relevant stakeholders are informed and have the opportunity to provide input on the changes to the list of exempt native specimens. Failure to comply with the provisions of the EPBC Act and the amendments outlined in this legislation can result in various civil and criminal consequences. The Act imposes specific obligations and requirements on parties involved in the trade of native specimens. Any breach of these provisions could lead to enforcement actions. The Act does not explicitly state the maximum penalties for non-compliance within this specific amendment, but generally, penalties for breaches of the EPBC Act can include substantial fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, and the discretion of the court. The potential for both civil and criminal consequences underscores the importance of adhering to the requirements set forth in the Act.