Amendment of the List of Exempt Native Specimens - Western Australian Marine Aquarium Fish Managed Fishery (22/10/2008) (EPBC303DC/SFS/2008/29)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment, particularly biodiversity, by regulating activities that may impact on matters of national environmental significance. In accordance with Section 303DC of the EPBC Act, the Australian Parliament has introduced amendments to the List of Exempt Native Specimens (LENS) to address a specific problem related to the Western Australian Marine Aquarium Fish Managed Fishery. This legislative instrument seeks to refine the exemption process by removing certain specimens taken from this fishery from the LENS and adding a new item that explicitly excludes Part 13 species from being included on the LENS. The policy objective is to ensure that the management of the fishery aligns with environmental protection standards by preventing the inclusion of threatened, marine, and migratory species on the LENS. The decision to amend the list was preceded by consultations with relevant state ministers and departments, as well as public consultation, to ensure that all stakeholders' views were considered.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the management of environmental matters with a national and international focus, providing for the protection of the environment, heritage places, and biodiversity. The Act applies to all persons and entities within Australia, as well as to activities and transactions that may impact the environment or biodiversity both within and outside of Australia's jurisdiction. Specifically, the legislation pertains to the regulation of trade in native specimens, particularly those that are regulated or exempt. The Act extends its reach to Commonwealth, state, and territory jurisdictions, ensuring a cohesive approach to environmental protection. The legislative instrument in question amends the List of Exempt Native Specimens (LENS) by removing certain specimens derived from the Western Australian Marine Aquarium Fish Managed Fishery, while ensuring that Part 13 species such as whales and other cetaceans and threatened, marine, and migratory species are excluded from the exemption. The amendment process involved consultation with relevant state authorities and public comment, reflecting the Act's commitment to inclusive and informed decision-making. This legislative instrument is a direct application of the EPBC Act, highlighting the dynamic nature of environmental regulation in response to evolving management needs and scientific understanding.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a list of exempt native specimens under section 303DB. Specimens included on this list are exempt from the trade control provisions that apply to regulated native specimens. This particular amendment, under section 303DC(1)(b), involves the deletion of specific specimens from the List of Exempt Native Specimens (LENS). Specifically, it removes specimens that are or are derived from fish or invertebrates taken in the Western Australian Marine Aquarium Fish Managed Fishery from the LENS. This deletion is necessary to allow for a new item to be added to the LENS, which pertains to this specific fishery and excludes all Part 13 species from being included on the LENS. Before making amendments to the LENS, the Minister must consult relevant parties as required by section 303DC(3) of the EPBC Act. In this instance, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the Western Australian Minister for Fisheries and the Western Australian Department of Fisheries, given their management responsibilities for the fishery in question. Furthermore, the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website, and comments were invited from interested parties for a period of 20 days. All comments received were considered in the decision to include the fishery on the list of exempt native specimens. The obligations imposed by this legislation require the Minister to consult with relevant stakeholders and consider public comments before making amendments to the LENS. The specific requirement here was to consult the Western Australian Minister for Fisheries and the Western Australian Department of Fisheries, given their management responsibilities over the affected fishery. Additionally, the proposal to amend the LENS was advertised on the DEWHA website, and all public comments received were taken into account in the final decision. There are no explicit offences, penalties, or civil/criminal consequences mentioned in this legislation regarding breach of the provisions. However, it is important to note that failure to comply with the consultation requirements or to consider public comments could potentially lead to legal challenges or disputes. The primary focus of this amendment is to ensure that the LENS accurately reflects the management responsibilities and conservation needs associated with the Western Australian Marine Aquarium Fish Managed Fishery. The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003, and it commenced on the day after it was registered on the Federal Register of Legislative Instruments.