Overview

The Environment Protection and Biodiversity Conservation Amendment (List of Exempt Native Specimens) Instrument 2017, enacted in 2017, addresses a specific issue regarding the trade of specimens derived from the Coral Reef Fin Fish Fishery. The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the establishment of a list of exempt native specimens, and this legislative instrument seeks to modify the conditions under which certain specimens can be exempt from trade control provisions. The instrument revokes previous conditions and imposes new conditions, ensuring that only specimens taken lawfully and covered by a declaration of an approved wildlife trade operation can be included in the list of exempt native specimens. This amendment aims to allow continued export of such specimens while ensuring compliance with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries’. The decision-making process involved consultation with relevant authorities, including the Queensland Department of Agriculture and Fisheries, and public comment was invited and considered. The instrument is a legislative instrument under the Legislation Act 2003 and commenced on the day after its registration on the Federal Register of Legislation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument, as detailed in the explanatory statement, pertains to the regulation of the trade of native specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act. This instrument specifically targets specimens taken in the Coral Reef Fin Fish Fishery and modifies the conditions under which they are exempt from the trade control provisions applicable to regulated native specimens. The instrument revokes existing conditions and imposes new ones, ensuring that specimens remain exempt provided they are taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This amendment aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries and follows consultation with relevant stakeholders, including the Queensland Department of Agriculture and Fisheries and other interested parties. The geographic reach of this instrument is national, impacting all entities and persons involved in the trade of the specified native specimens across Australia. By virtue of its legislative nature, the Act applies to any conduct or transaction involving the specified specimens, regardless of the industry. The instrument's provisions are not restricted to a particular state or territory but apply throughout the Commonwealth, ensuring uniformity in the management and regulation of the fishery's trade activities. The amendment does not explicitly state exclusions or thresholds, but the conditions under which the specimens are exempt imply that any non-compliance with the stipulated lawful taking and approved operation declarations would not qualify for exemption.

Key Provisions

The main operative sections of this legislation (Section 303DC (1) (a)) address the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, this amendment revokes the previous conditions for specimens from the Coral Reef Fin Fish Fishery and imposes new conditions. Under Section 303DB, specimens listed as exempt are free from trade control provisions that apply to regulated native specimens. The new conditions state that for specimens to be exempt, they must be lawfully taken and covered by a declaration of an approved wildlife trade operation under Section 303FN of the EPBC Act in relation to the fishery. The Act imposes specific obligations on the parties or entities it governs. Firstly, the Minister for the Environment and Energy must consult with relevant Commonwealth and state ministers before amending the list of exempt native specimens, as per Section 303DC(3). Additionally, the proposal was advertised on the Department of the Environment and Energy’s website, inviting comments from interested parties for 20 business days. These consultations ensure that the decision to include or exempt specimens considers various stakeholders' views and adheres to the Australian Government’s guidelines for ecologically sustainable management. The Act also outlines the consequences for non-compliance with its provisions. Although the specific penalties are not detailed in this particular legislative instrument, breaches of the EPBC Act generally can result in both civil and criminal penalties. Civil penalties may include fines up to $666,000 for corporations and $66,600 for individuals, depending on the severity of the offence. Criminal penalties can include imprisonment for up to five years. These penalties are intended to enforce compliance with the Act's provisions, ensuring the sustainable management and protection of native specimens.