Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly by regulating activities that may have a significant impact on matters of national environmental significance. This legislation aims to address the gap in managing the ecological sustainability of fisheries and ensuring that the trade of native specimens aligns with environmental protection standards. The Act was enacted by the Parliament of Australia, aiming to protect biodiversity and ensure sustainable practices. The policy objective behind this amendment is to allow for the lawful export of certain fish and invertebrate specimens from Australian flagged vessels operating in specific areas under the Exploratory Fisheries, while ensuring these activities remain ecologically sustainable as per the Australian Government’s guidelines. The amendment was made under the authority provided by Section 303DC of the Act, following consultation with relevant authorities and public advertisement for feedback.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument, as per legislative instrument F2016L00028, pertains to the addition of specific specimens to the list of exempt native specimens under Section 303DB of the Act. This legislative amendment applies to specimens derived from fish or invertebrates, provided they are taken by Australian flagged vessels authorised under the Commonwealth Fisheries Management Act 1991, operating in Exploratory Fisheries within CCAMLR Statistical Divisions 58.4.1 and 58.4.2. Importantly, these specimens must not belong to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA of the EPBC Act (Australia’s CITES list). The exemption applies until 27 November 2020, contingent on the specimens being taken lawfully. The amendment is subject to consultation with relevant Commonwealth ministers and the Australian Fisheries Management Authority, with public consultation also conducted via the Department of the Environment’s website. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and came into effect on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary sections of this legislation, specifically section 303DB and section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish a list of exempt native specimens. Section 303DB outlines the creation of this list, while section 303DC details the process for amending it. Specimens included in the list are exempt from the trade control provisions that apply to regulated native specimens. The current amendment adds certain fish and invertebrate specimens to this list, provided they meet specific conditions (subsection 303DB(3)). These specimens must be derived from fish or invertebrates taken by Australian flagged vessels operating in designated CCAMLR Statistical Divisions under permits issued under the Commonwealth Fisheries Management Act 1991. Furthermore, these specimens must be taken lawfully and are only included in the list until 27 November 2020. The Act imposes several obligations and requirements on parties and entities it governs. The Minister for the Environment must consult with relevant Commonwealth ministers and state or territory ministers before amending the list, as stipulated in subsection 303DC(3). Additionally, the Minister may consult with other relevant persons and organisations. In this instance, the Minister consulted with the Australian Fisheries Management Authority, which has management responsibilities for the fishery concerned. The proposal was also advertised on the Department of the Environment's website, inviting comments from interested parties for a period of 22 business days. However, no comments were received. Breaches of the provisions outlined in the EPBC Act could lead to civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, the Act generally allows for significant penalties for non-compliance with its provisions. These may include fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach. The instrument itself is a legislative instrument under the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments.