Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of biodiversity and environmental conservation, including the regulation of the trade in native species. The Act establishes a framework for managing the impact of human activities on the environment and biodiversity. This particular legislative instrument amends the list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The objective of this amendment is to facilitate the continued export of certain specimens derived from fish or invertebrates taken in the New South Wales Abalone Fishery, subject to specific conditions such as lawful taking and a specified inclusion period until 23 October 2015. The amendment was made in consultation with relevant stakeholders, including the New South Wales Department of Primary Industries, and is consistent with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument was enacted by the Minister for the Environment, as authorised by the EPBC Act, and commenced on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment pertains to the regulation of trade involving native specimens, particularly those taken in the New South Wales Abalone Fishery. This legislative instrument modifies the conditions under which certain fish and invertebrate specimens are exempt from trade controls, allowing their continued export until 23 October 2015. Specifically, it removes previous conditions and imposes new ones, ensuring that the specimens, or the fish or invertebrate from which they are derived, must have been taken lawfully. This amendment applies to entities and individuals engaged in the trade of these specimens within Australia, particularly those operating under the New South Wales Abalone Fishery. The changes are made in accordance with Australia's Guidelines for the Ecologically Sustainable Management of Fisheries, reflecting the ecological sustainability criteria for the fishery's management. The geographic reach of this legislation is national, as it concerns the management of a fishery and the trade of specimens across state boundaries. The amendment was made after appropriate consultations with relevant state authorities, including the New South Wales Department of Primary Industries, and it does not raise any human rights issues.

Key Provisions

The main operative sections of this legislation are Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB provides for the establishment of a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. Section 303DC allows for the amendment of this list, including the revocation of conditions that may have been imposed on the inclusion of certain specimens in the list. In this case, the legislation revokes the conditions previously imposed on specimens taken in the New South Wales Abalone Fishery and imposes new conditions, namely that the specimens were taken lawfully and are included in the list until 23 October 2015. The Act imposes several obligations and requirements on parties and entities it governs. Firstly, it mandates that any specimens included in the list of exempt native specimens must be taken lawfully. This means that the specimens must be harvested in accordance with relevant laws and regulations governing the fishery in question. Additionally, the Act imposes a temporal condition on the inclusion of these specimens in the list, limiting their exemption until 23 October 2015. This requirement ensures that the exemption is temporary and subject to review after the specified date. The Act also outlines the process for amending the list of exempt native specimens. Specifically, Section 303DC stipulates that before making any amendments, the Minister for the Environment must consult with appropriate Commonwealth ministers, state ministers, and other relevant persons or organisations. This consultation process is intended to ensure that the amendment is made in accordance with relevant guidelines and to gather input from stakeholders who may be affected by the changes. In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not specify any particular penalties for non-compliance with the conditions imposed on the inclusion of specimens in the list of exempt native specimens. However, general provisions within the EPBC Act may apply, which could include fines or imprisonment for breaches of the Act or its regulations. For instance, under Section 514 of the EPBC Act, a person who commits an offence against the Act may be liable to a penalty of up to $66,600 for a corporation and $13,320 for an individual, or imprisonment for up to two years, or both, depending on the severity of the offence. The Minister for the Environment may also take enforcement action to ensure compliance with the Act, including the issuance of infringement notices or legal proceedings in more serious cases.