Amendment of List of Exempt Native Specimens - Aquaculture (30/11/2009) (inclusion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. The Act provides a framework for the protection of the environment, particularly in relation to the regulation of activities that have a significant impact on matters of national environmental significance. This includes the regulation of trade in native specimens, where certain specimens are subject to strict control to prevent over-exploitation and illegal trade. Pursuant to Section 303DC of the EPBC Act, a list of exempt native specimens was established to exempt certain specimens from the trade control provisions that apply to regulated native specimens. The Act mandates that before amending the list, the Minister for the Environment, Heritage and the Arts must consult with relevant Commonwealth and state ministers and other appropriate persons and organisations. This legislative instrument amends the list of exempt native specimens in accordance with the requirements of Section 303DC, facilitating the continued export of specified specimens until 1 December 2014. This legislative instrument, registered on the Federal Register of Legislative Instruments, is designed to streamline the process of exempting certain native specimens from trade control measures, thereby supporting both environmental conservation and legitimate commercial activities. The amendments reflect the outcomes of consultations with relevant stakeholders, as required by the Act, ensuring a balanced approach to environmental protection and economic interests.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens according to Section 303DC pertains to the inclusion of specific specimens in the list of exempt native specimens, thus exempting them from the trade control provisions that apply to regulated native specimens. This legislative instrument applies to the individuals and entities involved in the trade of native specimens, primarily affecting industries such as horticulture, agriculture, and those engaged in the collection and export of native flora and fauna. The geographic reach of this Act is national, as it operates under the Commonwealth jurisdiction, affecting all states and territories within Australia. The Act does not specify any exclusions or exemptions beyond those specimens listed in the Schedule. Any further extension or restriction of the application of the Act is facilitated through subordinate instruments, allowing for adjustments and refinements as necessary. The instrument took effect from the day it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislation are Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. Section 303DC authorises the amendment of this list, specifying that before making such amendments, the Minister for the Environment, Heritage and the Arts must consult with appropriate Commonwealth Ministers, state and territory ministers, and other relevant persons and organisations. This legislative instrument, as outlined in the Schedule, includes certain specimens in the list of exempt native specimens, thereby permitting their continued export until 1 December 2014. The Act imposes several obligations on the parties or entities it governs. Firstly, it mandates that the Minister for the Environment, Heritage and the Arts must consult with relevant stakeholders before amending the list of exempt native specimens. This includes consulting with other Commonwealth Ministers, state and territory ministers, as well as other appropriate persons and organisations. These consultations ensure that the interests and considerations of various parties are taken into account when making amendments to the list. Additionally, the Act requires that any amendments to the list of exempt native specimens are implemented in accordance with the legislative process, including registration on the Federal Register of Legislative Instruments. The legislation also outlines specific offences, penalties, and consequences for breaches. Although the explanatory statement does not detail specific penalties, the EPBC Act generally provides for both civil and criminal penalties for breaches of its provisions. Civil penalties can include fines up to $66,600 for individuals and $333,000 for bodies corporate, depending on the severity and nature of the breach. Criminal penalties can include fines of up to $666,000 for individuals and $3.33 million for bodies corporate, along with potential imprisonment terms. These penalties are intended to deter non-compliance and ensure the protection of biodiversity and the environment. In summary, this legislative instrument amends the list of exempt native specimens under the EPBC Act, allowing for the continued export of specified specimens until a certain date. It imposes obligations on the Minister to consult with relevant stakeholders before making amendments and requires adherence to the legislative process. The Act provides for civil and criminal penalties for breaches, ensuring compliance with its provisions to protect the environment and biodiversity.