Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation, ensuring the preservation of Australia's unique ecosystems and species. This legislation establishes a framework for the protection of the environment, including the regulation of activities that may have a significant impact on the environment. In alignment with its policy objectives, the Act provides mechanisms for the listing and regulation of native specimens to prevent illegal trade and protect endangered species. This particular legislative instrument amends the list of exempt native specimens under Section 303DC of the EPBC Act. Specifically, it removes Hippopus hippopus (horse’s hoof clam) from the list of exempt specimens, subject to certain conditions regarding lawful production in a Queensland aquaculture facility and compliance with the Queensland Fisheries Act 1994 and related legislation. This amendment reflects the need for stringent controls on the trade of native specimens to safeguard biodiversity while allowing for regulated aquaculture practices. The amendment process involved consultation with relevant stakeholders, including Fisheries Queensland, to ensure that the changes are both effective and compliant with existing environmental and fisheries laws.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad spectrum of entities and individuals involved in the protection and conservation of Australia's biodiversity. This includes federal and state governments, as well as individuals and businesses that engage in activities impacting the environment, such as trade in native specimens. The Act has a national reach across the Commonwealth, states, and territories, ensuring a unified approach to environmental protection. However, it specifically excludes specimens that have been lawfully produced in aquaculture facilities operating under the Queensland Fisheries Act 1994 and its subordinate legislation until 1 December 2014. The legislative instrument, F2013L01998, which amends the list of exempt native specimens, extends the application of the EPBC Act by removing certain specimens from the exempt list, thereby subjecting them to the trade control provisions. The Minister for the Environment consults with relevant stakeholders, including Fisheries Queensland, before making such amendments, ensuring informed decision-making in accordance with the Act's provisions.

Key Provisions

The main operative sections of this legislative instrument pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB addresses the establishment of a list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. Section 303DC outlines the process for amending this list, including the requirement for the Minister for the Environment to consult with relevant ministers and stakeholders before making any changes. This instrument amends the list by removing Hippopus hippopus, also known as the horse’s hoof clam, with certain conditions and effective dates. The obligations imposed by this Act primarily concern the management and regulation of native specimens. For entities involved in the production and trade of native specimens, compliance with the EPBC Act's provisions is mandatory. The Act requires that any specimen of Hippopus hippopus to be removed from the list of exempt native specimens must have been produced lawfully in an aquaculture facility operating under the Queensland Fisheries Act 1994 and its subordinate legislation. This ensures that the production of these specimens adheres to specific legal standards and practices. Furthermore, the Act mandates that these specimens were included in the list of exempt native specimens until 1 December 2014, after which they will no longer be exempt from trade controls. In terms of breaches and penalties, the Act does not explicitly state penalties for non-compliance with the provisions regarding the removal of Hippopus hippopus from the list of exempt native specimens. However, under the broader EPBC Act, breaches of its provisions can lead to significant civil and criminal penalties. For instance, unauthorised trade in regulated native specimens can result in fines and imprisonment. The specific penalties depend on the nature and severity of the breach, but they can include substantial financial penalties and imprisonment terms. Compliance with the Act is crucial to avoid these potential consequences.