Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment, particularly biodiversity, and to provide for the regulation of activities that have, or are likely to have, a significant impact on the environment, including the trade of native specimens. This legislation was introduced to fill the gap in comprehensive environmental protection by establishing a framework for the regulation and conservation of native species, ensuring sustainable use of natural resources. The EPBC Act is administered by the Parliament of Australia, with a policy objective to safeguard Australia's environment, particularly its biodiversity, through stringent control of activities that may adversely impact it. This legislative instrument, F2014L00091, amends the list of exempt native specimens under Section 303DB of the EPBC Act by removing certain specimens from the exemption list, thereby tightening the regulatory oversight on their trade. The amendment was preceded by consultations with relevant stakeholders, including the New South Wales Department of Primary Industries, and an invitation for public comment, which did not yield any submissions. This legislative change aims to enhance the protection of native species by ensuring stricter control over their trade.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities, including individuals and corporations, involved in activities that may impact native flora and fauna, as well as the conservation of biodiversity. The Act extends to the Commonwealth, state, and territory jurisdictions, ensuring a cohesive approach to environmental protection across Australia. This particular amendment pertains to the list of exempt native specimens, specifically targeting specimens derived from fish or invertebrates taken in the New South Wales Estuary General Fishery, except those belonging to species listed under Part 13 of the EPBC Act. The instrument was developed after consultation with the New South Wales Department of Primary Industries and public consultation, with no comments received. The amendment to the list of exempt native specimens took effect the day after its registration on the Federal Register of Legislative Instruments, thereby modifying the scope of trade controls under the EPBC Act for the specified specimens.

Key Provisions

The main operative sections of this legislation, specifically Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish a list of exempt native specimens which are exempt from the trade control provisions applicable to regulated native specimens. This particular amendment to the list removes certain specimens from the list of exempt native specimens. Specifically, it removes specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the New South Wales Estuary General Fishery, as defined in the Fishery Management Strategy for the Estuary General Fishery made under the New South Wales Fisheries Management Act 1994. The obligations imposed by this Act include the necessity for the Minister for the Environment to consult with other relevant ministers and stakeholders before amending the list of exempt native specimens. In this instance, the Delegate of the Minister for the Environment consulted with the New South Wales Department of Primary Industries, given their management responsibilities for the fishery concerned. Furthermore, the proposal to amend the list of exempt native specimens was advertised on the Department of the Environment’s website, inviting comments from interested parties for a period of 23 business days. As no comments were received, the amendment proceeded without any objections. In terms of offences, penalties, or consequences for breach, the Act does not explicitly outline specific offences or penalties within the text provided. However, it does state that this instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003, which means that any breaches of the Act would likely be subject to the general legal consequences and penalties as prescribed by the relevant legislation and common law. The instrument itself commenced on the day after it was registered on the Federal Register of Legislative Instruments, signifying its legal effect and enforceability.