Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with a focus on biodiversity conservation. The Act aims to protect native species and their habitats, regulate the trade and movement of native specimens, and manage the impacts of activities that may harm the environment. This Act was introduced to address the need for a comprehensive legislative framework to protect Australia's biodiversity and natural resources. The EPBC Act is administered by the Australian Government, and its policy objective is to ensure that environmental considerations are integrated into decision-making processes at all levels of government. The Act was passed by the Australian Parliament and is designed to provide a cohesive approach to environmental protection and biodiversity conservation across the nation. This legislative instrument amends the list of exempt native specimens, specifically excluding Nautilidae species from the exemption, thereby subjecting them to trade control provisions applicable to regulated native specimens. This change is a direct consequence of the Nautilidae species being listed under CITES, which necessitates adjustments in the EPBC Act to align with international trade regulations and ensure compliance.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia, with a particular emphasis on regulating the trade of native specimens. The Act applies to entities and individuals involved in the trade of native specimens, including those that export or import such specimens. The Act's jurisdiction extends across Australia, making it a national piece of legislation. The Act includes provisions for a list of exempt native specimens, which are not subject to the trade control measures that apply to regulated native specimens. The specified amendment to this list, as detailed in the legislative instrument F2017L00045, modifies the entry for marine shells within the Phylum Mollusca to exclude species of Tridacnidae and Nautilidae from the exemption. This amendment ensures that the Nautilidae species, now listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), is subject to trade control provisions, thereby aligning with international conservation efforts. The legislative instrument was made under the authority of the EPBC Act and commenced on the day after its registration on the Federal Register of Legislation.

Key Provisions

The main operative sections of this instrument are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which provide for the establishment and amendment of the list of exempt native specimens (section 303DB), and the requirement for the Minister for the Environment and Energy to consult with other ministers and relevant stakeholders before amending the list (section 303DC). Specifically, this instrument amends the list of exempt native specimens to exclude marine shells of the Nautilidae species from the exemption, as they have been listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (section 303DC(1)). This amendment is administrative in nature and follows the consultation process that was already undertaken for the listing of Nautilidae under CITES (section 303DC(3)). The obligations and requirements imposed by this instrument on parties and entities are primarily related to compliance with the trade control provisions for regulated native specimens, which now apply to marine shells of the Nautilidae species. Exporters and importers of these specimens will need to obtain the necessary permits and adhere to the relevant regulations to ensure lawful trade. Additionally, the instrument requires the Minister for the Environment and Energy to consult with relevant stakeholders before making any amendments to the list of exempt native specimens, as outlined in section 303DC of the EPBC Act. In terms of offences, penalties, or consequences for breach, this instrument does not explicitly state any specific sanctions for non-compliance with the amended list of exempt native specimens. However, it is likely that breaches of the trade control provisions for regulated native specimens, including failure to obtain the necessary permits or non-compliance with relevant regulations, could result in civil or criminal penalties under the EPBC Act or other relevant legislation. The maximum penalties for such offences may vary depending on the specific circumstances and the applicable laws. It is important for parties and entities involved in the trade of marine shells of the Nautilidae species to familiarise themselves with the relevant provisions and ensure compliance to avoid any potential legal consequences.