Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, including native flora and fauna, and their habitats, by regulating activities that may have a significant impact on the environment. This Act was introduced to address the problem of ensuring that native specimens are managed sustainably, including through the regulation of their trade. The EPBC Act was enacted by the Parliament of Australia and aims to protect and manage Australia's biodiversity and environment through a comprehensive framework that includes the regulation of activities that may harm the environment. This legislative instrument amends the list of exempt native specimens under section 303DB of the EPBC Act to include specimens from specified fisheries and aquaculture programs, subject to certain conditions and restrictions. The instrument was developed in consultation with relevant ministers and authorities and is intended to extend the export approval for these specimens until specified dates, in accordance with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.'

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment instrument pertains to the list of exempt native specimens under section 303DB, which excludes certain trade control provisions applicable to regulated native specimens. Specifically, the instrument modifies the list by removing specimens from seven specified fisheries and seven approved aquaculture programs listed in Schedule 1, while simultaneously including these specimens in the list of exempt native specimens, subject to conditions that the specimens were taken lawfully and remain listed until the dates specified in Schedule 2. These fisheries and aquaculture programs include the Commonwealth Coral Sea Fishery, the Commonwealth Western Trawl Fisheries, the Tasmanian King Island Cast Bull Kelp Fishery, and others. The instrument also incorporates relevant state and territory legislation as in force from time to time. The amendment aims to extend the export approval for these specimens until specified dates, reflecting the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for the Environment and Energy has consulted with relevant authorities, including the Australian Fisheries Management Authority, the Department of Primary Industries, Parks and Water and Environment, and relevant aquaculture management authorities, who support the amendment. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislation pertain to the amendment of the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 3). This amendment involves removing certain specimens from the list of exempt native specimens, specifically those taken from seven fisheries and seven approved aquaculture programs, as specified in Schedule 1 of the instrument. Simultaneously, the legislation includes these same specimens in the list of exempt native specimens, subject to the conditions that they were taken lawfully and that their inclusion in the list remains until the dates specified in Schedule 2. The fisheries and aquaculture programs involved are the Commonwealth Coral Sea Fishery, Commonwealth Western Trawl Fisheries, Tasmanian King Island Cast Bull Kelp Fishery, Torres Strait Finfish Fishery, Torres Strait Prawn Fishery, Torres Strait Trochus Fishery, Western Australian South Coast Crustacean Fishery, and the approved aquaculture programs in New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria, and Western Australia. The obligations imposed by this Act on the parties or entities it governs are primarily concerned with the lawful sourcing of specimens. Specifically, any specimens included in the amended list of exempt native specimens must have been taken lawfully from the specified fisheries and aquaculture programs. This ensures that the ecological sustainability of these fisheries and aquaculture programs is maintained, as outlined in the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.' Furthermore, the Minister for the Environment and Energy is required to consult with relevant Commonwealth and state/territory ministers, as well as other appropriate persons and organisations, before making any amendments to the list of exempt native specimens (subsection 303DC(3) of the EPBC Act). In this case, the Australian Fisheries Management Authority, the Department of Primary Industries, Parks and Water and Environment, and relevant aquaculture management authorities have been consulted and have provided their support for the amendment. There are no specific offences, penalties, or civil/criminal consequences outlined in the legislation for breaches of the provisions regarding the list of exempt native specimens. However, any unlawful taking of specimens from the specified fisheries or aquaculture programs could potentially lead to penalties under other relevant legislation, such as state or territory fisheries laws, which may include fines or other sanctions. The legislation itself focuses on the procedural requirements and conditions for the inclusion of specimens in the list of exempt native specimens, ensuring that the ecological sustainability of the specified fisheries and aquaculture programs is upheld.