Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced to address the need for comprehensive protection of Australia's biodiversity and to ensure sustainable use of natural resources. The EPBC Act serves as a critical framework for the management and conservation of native flora and fauna, including the regulation of trade in native specimens. The Act was enacted by the Australian Parliament, with the policy objective of safeguarding the environment and biodiversity against significant impacts. The legislative instrument F2013L01951 amends the list of exempt native specimens under Section 303DB of the EPBC Act, reflecting a decision to adjust the regulatory framework to better align with fisheries management practices and environmental protection goals. This amendment involved removing certain fish and invertebrate specimens from the list of exempt native specimens, ensuring that these specimens are subject to appropriate trade controls where necessary. The process of amending the list involved consultation with relevant authorities and stakeholders, including the Australian Fisheries Management Authority, and public consultation via the Department of the Environment’s website.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, including native flora and fauna, in Australia. Under this Act, Section 303DB establishes a list of exempt native specimens that are not subject to the trade control provisions applicable to regulated native specimens. This legislative instrument amends the list of exempt native specimens by removing certain fish and invertebrate specimens, specifically those taken in the Coral Sea Fishery as defined by the Commonwealth Fisheries Management Act 1991 and the Fisheries Management Regulations 1992, unless these specimens belong to species listed under Part 13 of the EPBC Act. The instrument reflects the Minister for the Environment's consultation with relevant authorities and public notice, as mandated by Subsection 303DC(3) of the EPBC Act, ensuring transparency and stakeholder engagement. The legislative instrument came into effect the day after its registration on the Federal Register of Legislative Instruments, and it applies nationally, covering the management of native specimens across all states and territories of Australia.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment instrument (F2013L01951) pertains to the adjustment of the list of exempt native specimens under Section 303DB. Specifically, the amendment removes certain fish and invertebrate specimens, excluding those from species listed under Part 13 of the EPBC Act, taken in the Coral Sea Fishery, as defined in the Commonwealth Fisheries Management Act 1991 and the Fisheries Management Regulations 1992, from the list of exempt native specimens (Section 303DC). This means that these specimens, which were previously exempt from trade control provisions applicable to regulated native specimens, will now be subject to those controls. Under this legislative amendment, the obligations imposed on parties or entities are primarily concerned with adhering to the revised trade control provisions. Entities involved in the trade of these specimens must now ensure compliance with the relevant regulations and obtain necessary permits or approvals, as applicable. This amendment necessitates careful monitoring and documentation of the specimens' origins and intended use to avoid non-compliance with the EPBC Act. The consequences of non-compliance with the amended provisions are significant. The Act includes provisions for both civil and criminal penalties. For example, unauthorised trade of specimens could result in civil penalties, including fines up to a certain maximum amount as stipulated in the Act. Criminal penalties may also apply, including fines and imprisonment, for more severe or repeated breaches. These penalties are intended to deter non-compliance and ensure the protection of native species and their habitats as outlined in the EPBC Act.