EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the list of exempt native specimens in accordance with Section 303DC
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the establishment of a list of exempt native specimens. Specimens included in the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to delete Murray cod (Maccullochella peelii peelii), Mary River cod (Maccullochella peelii) and any associated notations from the list of exempt native specimens.
Deletion (under paragraph 303DC(1)(e)) from the list of exempt native specimens is necessary to correct an administrative error by which these species were included in the list. Subsection 303DB(6) specifies that the list must not include a specimen that belongs to a listed threatened species, therefore these species should not have been included in the list.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to address the need for comprehensive protection of the nation's environment, particularly focusing on biodiversity conservation and the regulation of activities that may impact the environment. A notable amendment to this Act, detailed in F2011L02278, concerns the correction of an administrative error related to the list of exempt native specimens. This error inadvertently included Murray cod (Maccullochella peelii peelii) and Mary River cod (Maccullochella peelii) in the list of exempt specimens, which should not have occurred given their status under the Act. The policy objective of this amendment is to rectify this oversight by removing these species from the list, ensuring that the trade control provisions applicable to regulated native specimens are correctly enforced. This legislative instrument aims to align the list of exempt native specimens with the Act's provisions, thereby maintaining the integrity of environmental protection measures.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia. Under this act, section 303DB establishes a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. However, this legislative instrument amends the EPBC Act by removing Murray cod (Maccullochella peelii peelii), Mary River cod (Maccullochella peelii), and any associated notations from the list of exempt native specimens. The amendment is necessary to correct an administrative error, as these species were mistakenly included in the list, despite being listed as threatened species under subsection 303DB(6). This legislative instrument applies to the Commonwealth of Australia and affects the industries and entities involved in the trade of native specimens, particularly those dealing with the specified cod species. The instrument is registered under the Legislative Instruments Act 2003 and came into effect on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was amended to correct an oversight regarding the inclusion of certain native specimens in the list of exempt native specimens (Section 303DB). Specifically, Murray cod (Maccullochella peelii peelii) and Mary River cod (Maccullochella peelii) were removed from this list (Section 303DC(1)(e)). This change was necessary to rectify an administrative error that had led to these species being exempt from the trade control provisions that apply to regulated native specimens.
The obligations and requirements imposed by this amendment pertain to those who handle or trade in native specimens. Now that Murray cod and Mary River cod have been removed from the list of exempt native specimens, they are subject to the same trade control provisions as other regulated native specimens. This means that any trade involving these species must now comply with the relevant regulations under the EPBC Act, ensuring that such activities do not negatively impact the conservation of these threatened species. All parties involved in the trade of these specimens must adhere to these new requirements, which may include obtaining necessary permits or adhering to specific guidelines to ensure sustainable and legal trading practices.
Breaches of the amended provisions could result in significant legal consequences. Under the EPBC Act, unauthorised trade of regulated native specimens can lead to civil and criminal penalties. For instance, individuals or entities found guilty of contravening the trade control provisions could face substantial fines. The maximum penalty for individuals is generally outlined in Section 536 of the Act, which stipulates a fine of up to $330,000 or imprisonment for up to five years, or both. For corporations, the fines can be significantly higher, with penalties reaching up to $1.65 million for serious breaches. These penalties reflect the importance of the Act in protecting threatened species and maintaining biodiversity.