Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection and conservation of Australia's environmental heritage, including its native flora and fauna. This Act was introduced to address the need for a comprehensive framework to manage the impacts of activities that may affect the environment, particularly those that could lead to the extinction of species or the degradation of ecosystems. This legislative instrument amends the list of exempt native specimens as outlined in section 303DB of the EPBC Act, ensuring that trade control provisions appropriately apply to regulated native specimens. The amendment removes certain specimens, specifically those derived from fish or invertebrates taken in the Eastern Tuna and Billfish Fishery, from the list of exempt native specimens, unless they belong to species listed under Part 13 of the EPBC Act. The Minister for the Environment, in consultation with relevant authorities and stakeholders, including the Australian Fisheries Management Authority, made this amendment in accordance with subsection 303DC(3) of the EPBC Act. This legislative instrument, which does not raise any human rights issues, is governed by the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by this instrument, applies to the management and regulation of the trade of native specimens within Australia and its territorial waters. Specifically, this amendment modifies the list of exempt native specimens by removing certain specimens derived from fish or invertebrates taken in the Eastern Tuna and Billfish Fishery, unless these specimens belong to species listed under Part 13 of the EPBC Act. This adjustment affects entities involved in the fishery and their operations, ensuring compliance with the trade control provisions of the Act. The changes do not extend to other parts of the country or to other fisheries, maintaining a targeted regulatory approach. The instrument's application is subject to consultation with relevant authorities and public notification, ensuring transparency and stakeholder engagement in the amendment process.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) operates through a framework that includes the establishment of lists to manage the trade and conservation of native specimens. Section 303DB(1) of the Act provides for the creation of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. Section 303DC(3) further explains the process for amending this list, requiring the Minister for the Environment to consult relevant authorities before making any changes. In this instance, the list of exempt native specimens has been amended to exclude certain specimens derived from fish or invertebrates taken in the Eastern Tuna and Billfish Fishery, except those belonging to species listed under Part 13 of the EPBC Act. The obligations imposed by this legislation include ensuring that the Minister for the Environment consults with appropriate authorities and stakeholders, such as the Australian Fisheries Management Authority, before amending the list of exempt native specimens. This requirement is to ensure that the changes align with broader fisheries management and biodiversity conservation objectives. Additionally, the proposal to amend the list was advertised on the Department of the Environment’s website, inviting public comment for 21 business days, although no comments were received in this instance. This step ensures transparency and allows for public input, even if it did not result in any comments for this particular amendment. Breaching the provisions of the EPBC Act related to the management of native specimens can lead to both civil and criminal consequences. For example, unauthorised trade of regulated native specimens can result in fines and imprisonment under Section 474 of the Act. The maximum penalties for these offences can include fines of up to $222,000 for individuals and $1,110,000 for bodies corporate, alongside potential imprisonment terms. These provisions underscore the importance of compliance with the Act’s requirements to protect native species and their habitats.