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. The Act addresses the problem of unsustainable exploitation and management of native species, ensuring that trade in native specimens does not threaten biodiversity. In 2016, an amendment was made to the list of exempt native specimens under Section 303DC of the EPBC Act, as part of a legislative instrument. This amendment, which was enacted by the Parliament of Australia, aims to refine the exemptions and extend the export approval for certain specimens until 9 October 2026, while ensuring these fisheries remain ecologically sustainable. The policy objective of this amendment is to streamline regulations for certain fisheries identified as low-risk by the Department of the Environment and Energy, thereby facilitating responsible management and trade of native specimens.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens pertains to the trade of native specimens from five specific fisheries managed by the Australian Fisheries Management Authority. This legislative instrument modifies the list of exempt native specimens by removing certain specimens from the list and adding others, subject to conditions that the specimens were taken lawfully and that their inclusion in the list is temporary, extending until 9 October 2026. The five fisheries involved are the Bass Strait Central Zone Scallop Fishery, Heard Island and McDonald Island Fishery, Macquarie Island Toothfish Fishery, Skipjack Tuna Fishery, and Southern Squid Jig Fishery. This amendment aims to simplify the description of the specimens in the list and extend the export approval for these specimens due to their low ecological risk as identified by the Department of the Environment and Energy. The decision to include these specimens in the list was informed by the Australian Government's 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition'. The Minister for the Environment and Energy consulted with relevant Commonwealth ministers, state and territory ministers, and fisheries authorities before implementing these changes. This legislative instrument commenced on the day after its registration on the Federal Register of Legislative Instruments and does not raise any human rights issues.

Key Provisions

The main operative sections of the legislation, specifically Section 303DC, involve amendments to the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). According to Section 303DC, the list of exempt native specimens is updated by removing certain specimens taken from five specific fisheries managed by the Australian Fisheries Management Authority (AFMA). These fisheries include the Bass Strait Central Zone Scallop Fishery, the Heard Island and McDonald Island Fishery, the Macquarie Island Toothfish Fishery, the Skipjack Tuna Fishery, and the Southern Squid Jig Fishery. Additionally, specimens from these same fisheries are included in the list of exempt native specimens, subject to certain conditions. These conditions require that the specimens were taken lawfully and that their inclusion in the list is valid until 9 October 2026. The obligations and requirements imposed by this Act on the parties or entities it governs primarily concern the legal status of specimens taken from the specified fisheries. By including these specimens in the list of exempt native specimens, the Act exempts them from the trade control provisions that apply to regulated native specimens. Furthermore, the inclusion of these specimens in the list is conditional on their lawful acquisition and remains valid only until the specified date of 9 October 2026. This conditional inclusion is intended to balance conservation efforts with the sustainable management of these fisheries, as outlined in the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. The Department of the Environment and Energy, in consultation with AFMA and other relevant stakeholders, has determined these fisheries to be of low risk and suitable for the extension of export approval for a period of ten years. The legislation does not explicitly detail offences, penalties, or civil/criminal consequences for breach within the provided text. However, breaches of the EPBC Act generally may lead to substantial penalties. Under the EPBC Act, unauthorised actions related to the trade of native specimens can result in both civil and criminal penalties. Civil penalties can include fines up to $666,000 for individuals and significantly higher amounts for corporations, depending on the severity and intent of the breach. Criminal penalties can include imprisonment for up to five years for individuals, and fines for corporations can be up to ten times the value of the benefit obtained from the breach. These penalties underscore the importance of adhering to the conditions and requirements set forth by the Act to avoid legal repercussions.