Amendment of List of Exempt Native Specimens - Aquaculture - deletion (19/02/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment and biodiversity. The act, through its various provisions, aims to address issues related to the conservation of biodiversity, protection of threatened species and ecological communities, and regulation of activities that may have a significant impact on the environment. This legislation was introduced to fill a gap in the protection of Australia's native species and their habitats, addressing the need for a unified national approach to environmental conservation. The EPBC Act Amendment of the List of Exempt Native Specimens, F2010L00519, was enacted by the Australian Parliament to modify the list of exempt native specimens, as outlined in Section 303DB of the Act. The purpose of this amendment was to delete certain specimens and associated notations from the list, allowing for the addition of new items through another legislative instrument, EPBC303DC/SFS/2010/04. The amendment was made in accordance with Section 303DC of the EPBC Act, which requires the Minister for the Environment, Heritage and the Arts to consult with relevant ministers and stakeholders before making any changes to the list. This amendment 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.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity across Australia. Section 303DB of the EPBC Act establishes a list of exempt native specimens, which are excluded from the trade control provisions that apply to regulated native specimens. This legislative instrument, F2010L00519, pertains to the amendment of the List of Exempt Native Specimens as outlined in Section 303DC. The amendments involve deleting specific specimens from the list, as detailed in the Schedule, and this action is necessary to facilitate the addition of new items to the list through another instrument (EPBC303DC/SFS/2010/04). Before making these amendments, the Minister for the Environment, Heritage and the Arts must consult with relevant Commonwealth, state, and territory ministers, as well as other appropriate persons and organisations. This legislative instrument came into effect the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislation are Sections 303DC(1)(b) and 303DC(3) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DC(1)(b) enables the Minister for the Environment, Heritage and the Arts to delete specified specimens from the List of Exempt Native Specimens. Section 303DC(3) mandates that before making any amendments to the list, the Minister must consult with appropriate Commonwealth Ministers and Ministers of each State and self-governing Territory, as well as any other persons or organisations deemed relevant. The effect of this instrument is to remove certain specimens from the List of Exempt Native Specimens, as detailed in the Schedule. The Act imposes several obligations and requirements on the Minister for the Environment, Heritage and the Arts. Foremost among these is the requirement to consult with relevant Ministers and other stakeholders before making amendments to the List of Exempt Native Specimens. This ensures that the Minister considers the potential impacts and implications of any changes to the list, thereby promoting a collaborative and informed decision-making process. Additionally, the Minister must ensure that the amendment aligns with the broader objectives of the EPBC Act, which is to protect and conserve Australia’s native flora and fauna. Failure to comply with the provisions of the EPBC Act and the obligations outlined in this legislation may result in civil or criminal consequences. The specific nature and severity of these consequences depend on the nature and extent of the breach. While the Act does not explicitly detail penalties for non-compliance with the consultation requirement, breaches of other provisions under the EPBC Act can result in significant fines and, in some cases, imprisonment. For instance, individuals or entities found guilty of unauthorised trade in native specimens may face fines of up to $222,222 for individuals and $1,111,110 for corporations, as well as potential imprisonment terms. It is essential for parties governed by the Act to adhere to its requirements to avoid such penalties.