Overview

The Environment Protection and Biodiversity Conservation Amendment (Exempt Native Specimens) Instrument 2014, registered under the Legislative Instruments Act 2003, was introduced to refine the list of exempt native specimens as outlined in Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This legislation seeks to address the issue of over-exploitation and unsustainable trade of certain marine species by removing certain fish and invertebrate specimens from the list of exempt native specimens, except for those already listed under Part 13 of the EPBC Act. The purpose of this amendment is to ensure that these species, particularly those in the Eastern Tuna and Billfish Fishery, are subject to stricter trade controls. Enacted by the Delegate of the Minister for the Environment, this legislative instrument follows the mandatory consultation process with relevant authorities, including the Australian Fisheries Management Authority, and a public comment period, although no comments were received. This amendment aims to enhance conservation efforts by regulating the trade of these specimens more effectively.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by F2014L01154, modifies the list of exempt native specimens to address specimens taken in the Eastern Tuna and Billfish Fishery. Specifically, the amendment removes from the list of exempt native specimens those that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act. This change applies to specimens taken in the fishery as defined in the Eastern Tuna and Billfish Fishery Management Plan 2010 under the Commonwealth Fisheries Management Act 1991. The legislative instrument affects all entities and individuals involved in the trade of these specimens within the specified fishery. The amendment applies nationally, extending the Commonwealth’s jurisdiction over native specimen trade to include these specific fishery specimens. The Minister for the Environment must consult with relevant authorities and invite public comment before making such amendments, ensuring a thorough review process. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation (F2014L01154) relate to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB of the EPBC Act establishes a list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. This legislative instrument modifies the list by removing certain specimens from the exemption list (section 303DC). It removes specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in 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 Act imposes obligations and requirements on the parties and entities it governs. The Minister for the Environment must consult with relevant Commonwealth ministers, state ministers, and other persons and organisations deemed appropriate before amending the list of exempt native specimens (subsection 303DC(3)). In this case, the Delegate of the Minister for the Environment consulted with the Australian Fisheries Management Authority due to its management responsibility for the fishery in question. Additionally, the proposal to amend the list was advertised on the Department of the Environment’s website, inviting comments from interested parties for a period of 21 business days. As no comments were received, the amendment proceeded without objections. The legislation also delineates potential consequences for breaches. While specific offences, penalties, or civil/criminal consequences are not detailed in the text, the general framework of the EPBC Act suggests that violations of trade control provisions or improper handling of specimens could lead to enforcement actions. Penalties for breaches under the EPBC Act can include substantial fines and, in severe cases, imprisonment, depending on the nature and extent of the offence. The exact penalties would be determined based on the specific provisions of the Act and the circumstances of the breach.