Amendment of List of Exempt Native Specimens - (horse's hoof clam) Hippopus hippopus (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for a comprehensive framework to protect the environment and biodiversity, including native species and ecosystems, from the impacts of human activities. The 1999 Act aims to provide for the protection of the environment, particularly matters of national environmental significance, by regulating activities that may adversely affect protected matters, including native species. The 2013 amendment to the list of exempt native specimens under section 303DB of the EPBC Act, as delegated by Assistant Secretary, Wildlife Trade and Biosecurity Branch, Paul Murphy, demonstrates the ongoing efforts to refine and adapt the regulatory framework to ensure effective biodiversity conservation. This specific amendment removes the Hippopus hippopus, also known as the horse's hoof clam, from the list of exempt specimens, reflecting a policy objective to better regulate the trade and movement of native species to prevent illegal activities and support sustainable practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies broadly to any conduct, transactions, and entities that may impact Australia's biodiversity and environment. In the context of the provided amendment, the Act specifically governs the trade of native specimens, including marine organisms such as the Hippopus hippopus (horse’s hoof clam). The amendment pertains to specimens produced in aquaculture facilities, specifically those operating under the Queensland Fisheries Act 1994 and its subordinate legislation. The amendment removes the exemption for Hippopus hippopus produced in such facilities from the list of exempt native specimens, effective until 1 December 2014. This change underscores the Act's jurisdictional reach across the Commonwealth of Australia, enforcing regulations to protect native species and their habitats. The exclusion of Hippopus hippopus produced lawfully in approved aquaculture facilities from the exemption list signifies a targeted application of the Act, highlighting the balance between conservation and sustainable industry practices. The Act extends its application through subordinate instruments, which may include regulations and guidelines detailing specific requirements and enforcement mechanisms.

Key Provisions

The Amendment of List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involves a specific change to the list of exempt native specimens established under section 303DB of the Act. This amendment, detailed in section 303DC(1), removes the Hippopus hippopus, commonly known as the horse’s hoof clam, from the list of exempt native specimens as of 1 December 2014 (section 303DB). This change is effective from 1 December 2009, when the clam was first included in the list of exempt specimens, but it remains in effect until 1 December 2014 (section 303DC(1)). The removal is subject to certain conditions: the specimen or the fish or invertebrate from which it is derived must have been produced lawfully in an aquaculture facility operating in accordance with the Queensland Fisheries Act 1994 and any subordinate legislation (section 303DB). Under the EPBC Act, the obligations and requirements imposed on the parties or entities governed by this amendment are primarily related to compliance with the conditions specified for the production and inclusion of the specimen in the list of exempt native specimens. Specifically, any entity involved in the production or trade of Hippopus hippopus must ensure that it adheres to the regulations set forth by the Queensland Fisheries Act 1994 and its subordinate legislation (section 303DB). This includes maintaining records and documentation to prove lawful production in an accredited aquaculture facility. Additionally, any person or entity involved in the trade of Hippopus hippopus must be aware of the specified timeframe within which the clam can still be traded under the exemption, which is until 1 December 2014 (section 303DC(1)). In terms of the consequences for breach, the EPBC Act outlines potential civil and criminal penalties for non-compliance with its provisions. While the specific penalties for breach are not detailed in the provided text, the general framework under the EPBC Act includes both civil and criminal sanctions. Civil penalties can include fines up to a maximum of AUD 5.5 million for corporations and AUD 110,000 for individuals, depending on the severity and nature of the breach (section 513). Criminal penalties may include fines of up to AUD 5.5 million for corporations and AUD 110,000 for individuals, as well as potential imprisonment for individuals involved in the breach (section 514). The specific penalties would be determined based on the relevant sections of the EPBC Act and any other applicable laws.