Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, addresses the need for regulation and conservation of biological diversity and protection of the environment. This legislation was introduced to fill the gap in existing legal frameworks for protecting native species and managing their trade. The specific amendment outlined in the explanatory statement pertains to the addition of certain specimens to the list of exempt native specimens under section 303DB of the Act, aiming to facilitate lawful trade without the necessity of export permits, provided certain conditions are met. The policy objective is to enable continued export of these specimens while ensuring compliance with the approved wildlife trade operation declaration, thus balancing trade and conservation needs. The inclusion of Cast Bull Kelp from the Family Durvillaeaceae, harvested by Kelp Industries Pty Ltd under license from the Tasmanian Department of Primary Industries, Water and Environment, exemplifies the Act's approach to managing native specimens through specified conditions and regulatory oversight.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to the addition of specific specimens to 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 Cast Bull Kelp from the Family Durvillaeaceae, harvested by Kelp Industries Pty Ltd under a licence issued by the Tasmanian Department of Primary Industries, Water and Environment under the Living Marine Resources Act 1995. The inclusion of these specimens on the list is subject to certain conditions, such as the specimens being taken lawfully and being covered by a declaration of an approved Wildlife Trade Operation. The exemption allows for the continued export of these specimens without requiring export permits, provided the approved wildlife trade operation declaration is in force and the fishery operates in accordance with its conditions. Should the operation expire or be revoked, the specimens will no longer be exempt from trade control provisions, and export would cease to be permitted. This legislative instrument extends the application of the Act and commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes a provision in Section 303DB that establishes a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The legislative instrument F2005L02227 amends this list to include Cast Bull Kelp from the Family Durvillaeaceae, harvested by Kelp Industries Pty Ltd under licence from the Tasmanian Department of Primary Industries, Water and Environment. This amendment allows for the continued export of these specimens without the need for export permits, provided that certain conditions are met. These conditions include the specimens being taken lawfully and being covered by a declaration of an approved Wildlife Trade Operation under Section 303FN of the Act in relation to the harvest. The listing of these specimens on the exempt list is contingent upon the fishery continuing to operate in accordance with its WTO conditions; otherwise, the WTO must be revoked, which would result in the removal of the specimens from the exempt list and the cessation of export without a permit. The Act imposes several obligations on the parties involved. Firstly, Kelp Industries Pty Ltd must ensure that the Cast Bull Kelp is harvested lawfully, in compliance with the conditions of their licence granted by the Tasmanian Department of Primary Industries, Water and Environment under the Living Marine Resources Act 1995. Secondly, they must ensure that the specimens are included in a declaration by an approved Wildlife Trade Operation as per Section 303FN of the Act. This declaration must be maintained in force for the exemption to apply. Thirdly, they must ensure that the fishery operates in accordance with the WTO conditions, and if these conditions are not met, the WTO declaration will be revoked, leading to the removal of the specimens from the exempt list. The Act also outlines specific consequences for breaches of its provisions. While the legislative instrument does not explicitly state the penalties for non-compliance, breaches of the Act can lead to both civil and criminal penalties. Under Section 501 of the Act, a person who contravenes a provision of the Act may be liable to a fine, which can amount to up to $222,200 for an individual and up to $1,111,000 for a body corporate. Additionally, Section 502A allows for criminal penalties, including imprisonment for up to 5 years for serious offences. These penalties are in place to ensure compliance with the Act and to protect the biodiversity and environment.