Amendment of the List of Exempt Native Specimens - Ocean Hauling Fishery, NSW (22/07/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) was enacted to address the need for comprehensive protection of Australia’s environment, including its biodiversity. This legislation aims to provide a framework for the protection and management of native species and ecosystems, both terrestrial and marine. The Act, overseen by the Australian Parliament, seeks to achieve ecological sustainability through stringent controls on the trade and management of native specimens. The legislative instrument F2008L02730 amends the list of exempt native specimens under the EPBC Act, allowing for the continued export of certain fish and invertebrate specimens taken from the New South Wales Ocean Hauling Fishery, subject to specific conditions. This amendment reflects the Australian Government’s commitment to ecologically sustainable management of fisheries, ensuring that the trade of these specimens is lawful and monitored until 25 July 2013.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as specified in the legislative instrument F2008L02730, targets specimens derived from fish or invertebrates taken within the New South Wales Ocean Hauling Fishery, excluding those from species listed under Part 13 of the EPBC Act. The amendment is subject to the condition that the specimens must be taken lawfully and will remain on the list of exempt native specimens until 25 July 2013, facilitating their continued export during this period. This legislative change is applicable across the Commonwealth of Australia, with the specific consultation and public comment process involving relevant state authorities and stakeholders to ensure compliance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument was registered and came into effect on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the legislation involve the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303DC). Specifically, this legislative instrument adds certain specimens to the list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. The specimens in question are fish or invertebrate specimens, or those derived from them, taken in the New South Wales Ocean Hauling Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. This inclusion is contingent upon two notations: the specimens must have been taken lawfully, and they will remain on the list until 25 July 2013. The obligations and requirements imposed by this Act on the parties and entities it governs include ensuring that any specimens included on the list were taken in accordance with the law. This means that fishers and other entities involved in the New South Wales Ocean Hauling Fishery must comply with all applicable fishing regulations and obtain necessary permits. Additionally, the Minister for Environment, Heritage and the Arts, through the Delegate, has an obligation to consult with relevant stakeholders, including the New South Wales Minister for Primary Industry and Water and the New South Wales Department of Primary Industry and Water, before making amendments to the list. Public consultation is also required, as evidenced by the advertisement of the proposal on the Department's website, inviting comments from interested parties for a period of 20 days. Regarding the consequences of breach, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the requirements set forth. However, breaches of related provisions in the EPBC Act, such as illegal fishing activities or unlawful trade of native specimens, may attract penalties. Under the EPBC Act, penalties for offences can include substantial fines and, in severe cases, imprisonment. For example, individuals and corporations can face fines up to $66,600 (or up to $3.33 million for corporations) for serious breaches, and imprisonment for up to five years for individuals. The exact penalties depend on the nature and severity of the breach, and the courts will consider these factors when determining the appropriate penalty.