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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment and biodiversity through the regulation of activities that have, or are likely to have, a significant impact on the environment. This legislation was introduced to address the need for a comprehensive framework to manage and protect Australia's biodiversity and ecological heritage. The Act is administered by the Australian Government and aims to ensure that ecological sustainability is considered in decision-making processes affecting the environment. This particular legislative instrument amends the list of exempt native specimens under section 303DB, removing certain fish and invertebrate specimens from the exemption list in the Coral Sea Fishery. The changes were made following consultations with relevant Ministers and the Australian Fisheries Management Authority, in alignment with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument was registered on the Federal Register of Legislative Instruments and commenced on the registration date.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities that may impact on matters of national environmental significance, including the conservation of native species and their habitats. In accordance with section 303DB of the EPBC Act, the Act establishes a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument amends the list by removing certain fish and invertebrate specimens taken in specific sectors of the Coral Sea Fishery from the list of exempt native specimens. This amendment applies to these particular specimens taken within the trawl, line, trochus and rock lobster, aquarium and trap (trial), and sea cucumber sectors of the Coral Sea Fishery, excluding those specimens belonging to species listed under Part 13 of the Act. The decision to make these amendments was informed by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, which set criteria for assessing the sustainability of fisheries management arrangements. The instrument extends to the whole Commonwealth, with consultation undertaken with relevant Ministers and the Australian Fisheries Management Authority as required by section 303DC(3)(c) of the Act. This legislative instrument commenced on the day it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes provisions for the creation of a list of exempt native specimens under section 303DB. These specimens are exempt from the trade control measures that apply to regulated native specimens. The recent amendment to this list, pursuant to section 303DC, removes certain specimens derived from fish or invertebrates in specific sectors of the Coral Sea Fishery from the exempt list. Specifically, specimens taken in the trawl, line, trochus and rock lobster, aquarium, and trap (trial) sectors, as well as the Sea Cucumber Sector, are no longer exempt from the trade control provisions. This decision aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, which provide criteria for assessing the sustainability of fisheries management arrangements. Under the Act, the obligations for the parties and entities governed by this amendment include compliance with the updated trade control provisions for the specified specimens. This means that anyone involved in the trade of these specimens must adhere to the new regulations, which likely include obtaining the necessary permits and adhering to the trade restrictions that were previously waived under the exempt list. These obligations are intended to ensure that the trade of these specimens is managed in a way that aligns with the principles of ecological sustainability outlined in the Guidelines. Failure to comply with the amended provisions can result in various consequences. The Act imposes civil and criminal penalties for breaches. For example, individuals or entities found in violation of the trade control provisions may face fines and, in some cases, imprisonment. The specific penalties depend on the nature and severity of the breach, but the Act allows for significant financial penalties, including maximum fines that can be substantial. These measures are designed to enforce compliance and protect the ecological integrity of the fisheries in question.