Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, biodiversity, and heritage places by regulating activities that may harm them. The Act was introduced to address the need for a comprehensive framework to manage and conserve Australia's environment and biodiversity, ensuring sustainable use of natural resources and mitigating the impacts of human activities on ecological systems. This legislation was enacted by the Australian Parliament to provide a national approach to environmental protection and biodiversity conservation, complementing state and territory laws. This particular legislative instrument amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act to include certain fish and invertebrate specimens taken in the Eastern Tuna and Billfish Fishery. The specimens are exempt from trade control provisions, provided they are lawfully taken and are included in the list until 28 August 2014. This amendment facilitates the continued export of these specimens without requiring export permits, while an approved wildlife trade operation declaration for the fishery is in force. The policy objective is to support the ecologically sustainable management of fisheries, in line with the Australian Government's 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.' The Minister for the Environment consulted with relevant authorities and stakeholders before making this amendment, and the proposal was also advertised on the Department of the Environment's website for public comment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens in accordance with Section 303DC pertains to specimens of fish and invertebrates that are exempt from trade control provisions applicable to regulated native specimens, subject to specific conditions and restrictions. This legislative instrument applies to entities involved in the trade of these specimens within the context of the Eastern Tuna and Billfish Fishery, as defined in the Eastern Tuna and Billfish Fishery Management Plan 2010 under the Commonwealth Fisheries Management Act 1991. The amendment exempts specimens derived from fish or invertebrates, provided they are not species listed under Part 13 of the EPBC Act or taxa listed under section 303CA (Australia’s CITES list). The exemption is contingent upon the specimens being taken lawfully and is valid until 28 August 2014. This legislative instrument operates within the Commonwealth jurisdiction and does not extend to state or territory laws. The instrument is subject to consultation requirements under Section 303DC(3) of the EPBC Act, which mandates consultation with relevant Commonwealth ministers and other appropriate stakeholders before amendments are made to the list of exempt native specimens. The amendment is a legislative instrument governed by the Legislative Instruments Act 2003 and became effective the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a list of exempt native specimens as per Section 303DB, which are exempt from trade control provisions applicable to regulated native specimens. Section 303DC allows for amendments to this list, and the legislation in question adds certain specimens to this list. Specifically, specimens that are or are derived from fish or invertebrates, taken in the Eastern Tuna and Billfish Fishery, are included in the list of exempt native specimens, subject to specific conditions (Section 303DC). These specimens are exempt from trade controls unless they belong to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA of the EPBC Act (Australia’s CITES list). The inclusion of these specimens in the list of exempt native specimens allows for their continued export without requiring export permits while an approved wildlife trade operation declaration for the fishery is in force. The exemption is valid until 28 August 2014. The obligations imposed by this legislation on parties and entities governed by it primarily concern compliance with the conditions of the exemption. For instance, any entity exporting these specimens must ensure that the specimens were taken lawfully and are not from species or taxa listed under the EPBC Act or Australia’s CITES list. Additionally, the Minister for the Environment is required to consult with relevant ministers and authorities, such as the Australian Fisheries Management Authority, before making amendments to the list of exempt native specimens (Section 303DC(3)). Public consultation is also mandated, as evidenced by the advertisement of the proposal on the Department of the Environment’s website. Breach of the provisions in this legislation can result in both civil and criminal consequences. Although specific offences and penalties are not detailed within the text, the general framework of the EPBC Act provides for penalties that may include fines and imprisonment for violations related to the trade of native specimens. The penalties can be significant, reflecting the importance of biodiversity conservation and sustainable management of natural resources. Compliance with the conditions for exemption is crucial to avoid legal repercussions, and failure to adhere to these requirements may lead to enforcement actions by the relevant authorities.