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, and to establish a framework for the conservation of biodiversity. The Act addresses the problem of unregulated trade in native specimens, which can threaten biodiversity and the ecological sustainability of fisheries. The Act empowers the Minister for the Environment to establish a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument amends the list of exempt native specimens to include specimens taken in the Eastern Tuna and Billfish Fishery, subject to certain conditions and restrictions, to allow continued export of these specimens without requiring export permits until 22 August 2019. The instrument was developed in consultation with the Australian Fisheries Management Authority and was advertised on the Department of the Environment's website for public comment, although no comments were received. The policy objective of this instrument is to facilitate the continued export of specimens from the Eastern Tuna and Billfish Fishery while ensuring that the management arrangements for the fishery are ecologically sustainable.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument applies to specimens derived from fish or invertebrates, which are taken within the Eastern Tuna and Billfish Fishery, as defined in the Eastern Tuna and Billfish Fishery Management Plan 2010. This instrument exempts these specimens from the trade control provisions that apply to regulated native specimens, subject to certain conditions. These conditions include the specimens being taken lawfully and remaining exempt until 22 August 2019. Specimens belonging to species listed under Part 13 of the EPBC Act and taxa listed under section 303CA of the EPBC Act (Australia’s CITES list) are excluded from this exemption. The instrument operates under the Commonwealth jurisdiction, with the Minister for the Environment consulting with relevant authorities and seeking public comment prior to implementation. The legislative instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments and is compatible with human rights as declared in relevant international instruments.

Key Provisions

The main operative sections of this legislation pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DB). According to Section 303DC, the Minister for the Environment has the authority to include certain specimens in this list, thereby exempting them from the trade control provisions that apply to regulated native specimens. In this instance, the Minister has decided to include specimens that are or are derived from fish or invertebrates taken in the Eastern Tuna and Billfish Fishery, as defined in the Eastern Tuna and Billfish Fishery Management Plan 2010 in force under the Commonwealth Fisheries Management Act 1991 (Section 303DC(1)). However, this exemption does not apply to specimens belonging to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA of the EPBC Act (Australia’s CITES list) (Section 303DC(2)). The inclusion of these specimens in the list is subject to certain restrictions and conditions, namely, that the specimens were taken lawfully and that they remain included in the list until 22 August 2019 (Section 303DC(3)). This amendment facilitates the continued export of these specimens without the need for export permits until the specified date. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, 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 (Section 303DC(3)). In this case, the Delegate of the Minister for the Environment consulted with the Australian Fisheries Management Authority, which has management responsibility for the fishery concerned. Additionally, the proposal to amend the list of exempt native specimens was advertised on the Department of the Environment’s website, and interested individuals were invited to provide feedback for a period of 21 business days (Section 303DC(3)). Although no comments were received in this instance, the process ensures transparency and stakeholder engagement in the decision-making process. The legislation does not explicitly outline any offences, penalties, or consequences for breach. However, it is worth noting that any unlawful taking of specimens or violation of the specified conditions could potentially lead to civil or criminal liability under other provisions of the EPBC Act or related legislation. For example, unauthorised trade in regulated native specimens may result in penalties, including fines and imprisonment, as stipulated in the relevant sections of the EPBC Act or the Customs Act 1901. Furthermore, any person who fails to comply with the conditions attached to the exemption may face legal action or penalties for contravening the Act or its regulations. It is essential for individuals and entities affected by this legislation to familiarise themselves with the broader legal framework governing environmental protection and biodiversity conservation in Australia to ensure compliance with all applicable laws and regulations.