Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly matters of national environmental significance, through a collaborative approach between the Commonwealth and the states. This Act addresses the problem of inadequate regulation of trade and transport of native specimens, including fish and invertebrates, which can lead to biodiversity loss and unsustainable exploitation of natural resources. The Act was introduced by the Parliament of Australia to establish a framework for the protection of the environment and biodiversity, including the regulation of trade in native specimens. The policy objective of this particular legislative instrument is to amend the list of exempt native specimens by including certain fish and invertebrate specimens from the Western Australian Beche-de-mer Fishery, subject to specific conditions and restrictions to ensure sustainable and lawful exploitation of these resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities across Australia and its external territories, with specific provisions relating to the protection of native flora and fauna. The Act applies to individuals, entities, and industries that engage in activities likely to have a significant impact on matters of national environmental significance, which includes native species and ecosystems. The recent legislative instrument amends the list of exempt native specimens under the Act by including specimens derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the Act, taken in the Western Australian Beche-de-mer Fishery, subject to certain conditions. This amendment applies nationally but is specifically focused on the Western Australian Beche-de-mer Fishery. The inclusion of these specimens in the list is contingent upon their lawful acquisition and coverage by a declaration under an approved Wildlife Trade Operation as stipulated by section 303FN of the Act. The Act’s reach can be further extended or restricted through subordinate instruments, which may include regulations and guidelines issued by the relevant authorities.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by adding certain specimens to the list of exempt native specimens under section 303DB (1). Specifically, it includes specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Western Australian Beche-de-mer Fishery. This inclusion, however, is subject to specific conditions as outlined in section 303DC(1). These conditions include the requirement that the specimens or the fish or invertebrates from which they are derived must have been taken lawfully, and that the specimens must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN in relation to the fishery. The obligations imposed by this amendment are primarily on the entities involved in the Western Australian Beche-de-mer Fishery. To comply with the Act, these entities must ensure that any specimens taken are indeed taken lawfully. This implies adherence to all relevant fishing regulations, permits, and other legal requirements governing the fishery. Additionally, entities must ensure that the specimens are part of a declared Wildlife Trade Operation, which involves meeting the criteria and requirements set out in section 303FN. This declaration process is critical as it formally recognises the operation and the specimens involved, ensuring they are handled in compliance with environmental and biodiversity conservation laws. Breaches of the conditions set forth in this legislative instrument can lead to various civil or criminal consequences. The Act itself does not explicitly state penalties for non-compliance with the specific conditions of this amendment; however, general provisions within the Environment Protection and Biodiversity Conservation Act 1999 apply. For example, unauthorised taking of native specimens can lead to civil penalties of up to $66,600 per offence for individuals and $333,000 for bodies corporate, along with potential criminal penalties. These penalties underscore the importance of adhering to the conditions outlined in the amendment to avoid severe repercussions.