Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation. It provides a framework for the protection of the environment and the regulation of activities that may impact biodiversity. This legislation was introduced by the Australian Parliament to ensure that activities impacting the environment and biodiversity are managed in an ecologically sustainable manner. The EPBC Act includes provisions for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The explanatory statement for the legislative instrument, F2016L01771, details amendments to this list, specifically concerning specimens taken in the Coral Sea Fishery. These amendments were made to ensure continued export of these specimens until 30 June 2017, in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The policy objective underpinning these changes is to maintain the ecological sustainability of the fishery while allowing for the lawful trade of certain specimens.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens is a legislative instrument that applies to specimens of fish or invertebrates taken in the Coral Sea Fishery, subject to certain conditions. This amendment, made in accordance with section 303DC(1) of the Act, modifies the list of exempt native specimens by removing certain specimens and associated restrictions or conditions, as set out in Schedule 1, and adding new specimens and conditions as detailed in Schedule 2. These specimens are exempt from the trade control provisions that apply to regulated native specimens under the EPBC Act. The amendment applies to the Commonwealth jurisdiction, and the changes are subject to specific conditions, including that the specimens must be taken lawfully and be covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The amendments will allow continued export of these specimens until 30 June 2017. The Minister for the Environment and Energy consulted with relevant authorities, including the Australian Fisheries Management Authority, in accordance with the requirements of the EPBC Act.

Key Provisions

Section 303DC(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) allows for amendments to the List of Exempt Native Specimens. The primary effect of this legislative instrument is to modify the list of exempt native specimens as outlined in Schedule 1 and Schedule 2. Specifically, it removes certain specimens and their associated restrictions or conditions from the list (Schedule 1) and adds new specimens and their conditions to the list (Schedule 2). The changes pertain to specimens derived from fish or invertebrates taken in the Coral Sea Fishery, subject to certain conditions and exclusions based on species listed under Part 13 of the EPBC Act and taxa listed under section 303CA of the EPBC Act. The Act imposes several obligations on parties involved in the trade of these specimens. Firstly, the specimens must be taken lawfully within the Coral Sea Fishery as defined by the Commonwealth Fisheries Management Act 1991 and its associated regulations. Secondly, the specimens must be part of a declaration by an approved wildlife trade operation under section 303FN of the EPBC Act. These conditions ensure that the trade of these specimens is conducted in a manner compliant with existing environmental and biodiversity laws. Breaches of the provisions in the EPBC Act can lead to various consequences. Offences may include unauthorised trade of regulated specimens, failure to comply with the conditions set forth in the list of exempt native specimens, or misrepresentation of the lawful origin of specimens. The penalties for such breaches can be significant and may include fines and imprisonment. For example, individuals or entities found guilty of contravening the Act may face fines of up to $500,000 for a corporation and $100,000 for an individual, alongside potential imprisonment terms that can extend up to five years for serious offences. Additionally, civil penalties may apply, with the exact amount determined by the court based on the severity and circumstances of the breach. These stringent measures underscore the importance of adhering to the Act's provisions to protect Australia's biodiversity and ensure sustainable management of fisheries.