Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the biodiversity, and to manage the impacts of activities that may harm the environment. This Act was introduced to address the need for a comprehensive framework to manage the conservation of biodiversity and ecological sustainability across Australia. Enacted by the Parliament of Australia, the policy objective of the EPBC Act is to protect and manage Australia's environment by preventing significant impacts from actions that may harm the environment, including native species and ecosystems. The Act allows for the establishment of 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 of exempt native specimens to revoke existing conditions and impose new conditions, specifically extending the date until which certain specimens can be exported. This amendment aims to facilitate continued export of these specimens until 26 November 2015, while ensuring that they were produced lawfully in an aquaculture facility. The decision to include the specimens in the list was made in accordance with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC primarily concerns the regulation of trade in native specimens, specifically those specimens that have been included in the list of exempt native specimens. The Act applies to entities and individuals engaged in the trade of these specimens, ensuring that they are produced lawfully in an aquaculture facility and remain included in the list until 26 November 2015. This legislative amendment revokes previous conditions imposed on certain specimens listed on 1 December 2009 and 24 February 2010, replacing them with new conditions to extend the date for continued export of these specimens until 26 November 2015. The Minister for the Environment must consult with relevant state and territory ministers, as well as other stakeholders, before making amendments to the list. This legislative instrument is effective from the day after its registration on the Federal Register of Legislative Instruments, and it adheres to the Legislative Instruments Act 2003.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains provisions that govern the trade of native specimens. Specifically, Section 303DB outlines the establishment of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. Section 303DC provides the mechanism for amending this list, and the legislative instrument in question modifies the conditions for the inclusion of certain specimens on this list. Under Section 303DC, the Minister for the Environment must consult with relevant ministers and agencies before amending the list. In this instance, the Delegate of the Minister for the Environment consulted with six relevant State and Territory fisheries agencies to ensure that the amendments align with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. This consultation process is essential to maintain the ecological sustainability of the fisheries involved. The legislative instrument revokes the existing conditions on the inclusion of specific specimens in the list of exempt native specimens, which were subject to certain conditions on 1 December 2009 and 24 February 2010. It imposes new conditions: that the specimens must be produced lawfully in an aquaculture facility and that they remain on the list until 26 November 2015. These conditions are intended to facilitate continued export of the specimens until the specified date. Any parties or entities involved in the trade of these exempt native specimens must ensure compliance with the new conditions. They must verify that the specimens were produced lawfully in an aquaculture facility and must adhere to the new inclusion date on the list. Failure to comply with these requirements could result in legal repercussions, as breaches of the EPBC Act can lead to civil or criminal penalties, depending on the severity of the offence. In terms of penalties, breaches of the EPBC Act can result in significant consequences. Civil penalties may include fines up to $666,000 for corporations and $66,600 for individuals, while criminal penalties can include fines up to $6.6 million for corporations and $133,000 for individuals, in addition to potential imprisonment. The specific penalties depend on the nature and extent of the breach, as outlined in the Act.