Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a cornerstone of Australia's environmental law, providing a framework for the protection of the environment, particularly in relation to biodiversity and heritage. This legislation was enacted to address the problem of conserving and protecting Australia's unique ecosystems and species, and to provide a coordinated approach to environmental management across all levels of government. The Act was introduced by the Commonwealth Parliament and its policy objective is to ensure the sustainable use and conservation of Australia's biodiversity and heritage, thereby promoting environmental protection and biodiversity conservation. The Act includes provisions for the regulation of trade in native specimens to prevent over-exploitation and to protect endangered species. This legislative instrument, F2013L01793, amends the list of exempt native specimens under Section 303DB of the EPBC Act. Specifically, it removes certain specimens taken by Australian Kelp Products Pty Ltd between April and July 2013 from the list of exempt native specimens, which were previously exempt from trade control provisions. This amendment was made following appropriate consultation with relevant authorities, including the Department of Primary Industries and Regions South Australia, as required by Subsection 303DC(3) of the EPBC Act. The instrument, which came into effect on 15 October 2013, is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various persons, entities, and industries involved in the trade of native specimens, particularly focusing on the regulation of such trade to protect Australia’s biodiversity. This Act establishes a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. The legislative instrument under review amends this list by removing specific specimens taken by Australian Kelp Products Pty Ltd between April and July 2013, which were originally exempt under certain conditions and licences. The amendment affects the industry involved in the South Australian Beach-cast Seagrass and Marine Algae Fishery, managed by the Department of Primary Industries and Regions South Australia. This jurisdictional change is significant for those entities operating under the specified conditions, as it alters their compliance requirements under the EPBC Act. The geographic reach of the Act is national, encompassing all of Australia, and its application is not restricted to any specific state or territory, though this particular amendment pertains to a specific fishery in South Australia. The legislative instrument is subject to consultation requirements outlined in the EPBC Act, necessitating consultation with relevant ministers and departments before implementation.

Key Provisions

The main operative sections of the legislation concern the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC allows for the alteration of the list of specimens exempt from trade controls (section 303DB). The amendment in this case removes certain specimens taken by Australian Kelp Products Pty Ltd between April and July 2013 from the exempt list. These specimens were taken under licences issued by the Department of Primary Industries and Regions South Australia for the South Australian Beach-cast Seagrass and Marine Algae Fishery, as defined in the Fisheries Management (Miscellaneous Fishery) Regulations 2000 under the Fisheries Management Act 2007 (South Australia). The removal from the exempt list means these specimens will now be subject to the trade control provisions applicable to regulated native specimens. The Act imposes several obligations and requirements on the parties involved. Firstly, before making any amendments to the list of exempt native specimens, the Minister for the Environment, Heritage and Water must consult with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations. In this instance, consultation was conducted with the Department of Primary Industries and Regions South Australia, given its management responsibilities for the fishery concerned. This ensures that all relevant stakeholders are informed and can provide input before changes are made to the exempt list. Furthermore, the Act outlines the process for making legislative instruments. This particular amendment is a legislative instrument for the purposes of the Legislative Instruments Act 2003, meaning it follows specific procedures for drafting, approval, and publication. The amendment came into effect on 15 October 2013, establishing a clear timeline for implementation. The legislative instrument also includes a Statement of Compatibility, affirming that the amendment does not raise any human rights issues, thereby ensuring compliance with broader legislative and human rights standards. Any breach of the provisions under the EPBC Act may lead to various civil and criminal consequences. While the explanatory statement does not specify detailed penalties, the EPBC Act generally provides for offences such as unauthorised trade in native specimens, which can result in substantial fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the breach, with the maximum penalties outlined in the relevant sections of the Act. Compliance with the amended list of exempt native specimens is therefore crucial to avoid potential legal repercussions.