Amendment of the List of Exempt Native Specimens - Torres Strait Prawn Fishery - including product (19/11/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the Australian environment, including its biodiversity and heritage, by regulating activities that may have a significant impact. This Act addresses the gap in legislation regarding the management of native specimens and their trade, aiming to balance conservation with sustainable use. The instrument in question, F2008L04364, was introduced to amend the List of Exempt Native Specimens under Section 303DC of the EPBC Act. This amendment was made by the Delegate of the Minister for Environment, Heritage and the Arts, following consultation with relevant authorities, including the Minister for Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority (AFMA), as mandated by Subsection 303DC(3) of the EPBC Act. The policy objective was to facilitate the continued export of certain fish and invertebrate specimens from the Torres Strait Prawn Fishery, taken lawfully and only until 1 December 2008, in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) amendment, identified as F2008L04364, pertains to the addition of specific specimens to the list of exempt native specimens as stipulated in Section 303DB of the Act. This legislative instrument pertains to specimens, namely those derived from fish or invertebrates, taken within the Torres Strait Prawn Fishery, as defined under the Torres Strait Fisheries Act 1984 and its regulations. These specimens are exempt from the trade control provisions applicable to regulated native specimens, provided they meet the criteria of being lawfully taken and are listed until 1 December 2008. The inclusion of these specimens on the exempt list is subject to the guidelines for the ecologically sustainable management of fisheries, reflecting the Australian Government's commitment to environmental stewardship. This amendment was made in consultation with relevant ministers and authorities, including the Minister for Agriculture Fisheries and Forestry and the Australian Fisheries Management Authority (AFMA), and is a legislative instrument under the Legislative Instruments Act 2003.

Key Provisions

Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) enables the establishment of a list of exempt native specimens. According to this provision, specimens on the list are exempt from the trade control provisions that apply to regulated native specimens. This amendment, detailed in the explanatory statement, involves including certain specimens in the list of exempt native specimens. Specifically, the amendment pertains to specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, that are taken in the Torres Strait Prawn Fishery, as defined in the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985. These inclusions are subject to specific notations, which must be adhered to. The obligations imposed by this Act require that the specimens must be taken lawfully and must remain on the list until 1 December 2008. This ensures that the trade of these specimens can continue without restriction until the end of the 2008 fishing season. The inclusion of these specimens was determined with consideration of the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. This implies that the decision to include the specimens was made after evaluating the ecological sustainability of the fishery management arrangements. Additionally, the Minister must consult with relevant ministers and organizations before amending the list, as required by subsection 303DC(3) of the EPBC Act. In this case, consultations were held with the Minister for Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority (AFMA), given their management responsibilities for the fishery. The legislation sets out certain consequences for breaches. If any party fails to comply with the requirements of this Act, they may face civil or criminal penalties. These penalties could include fines, imprisonment, or other forms of sanction as deemed appropriate by the court. The specific maximum penalties are not detailed in the explanatory statement, but they would typically be determined based on the severity and nature of the breach. Non-compliance with the trade control provisions and the listing requirements could lead to enforcement actions by relevant authorities, which may result in legal repercussions for the offending parties.