Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This legislation was developed to ensure that significant impacts on the environment, including native species and ecosystems, are properly managed and mitigated. The EPBC Act provides a framework for the assessment and approval of activities that may have substantial environmental impacts, and it facilitates the conservation of biodiversity and the sustainable use of natural resources. The Act was introduced by the Australian Parliament to fill the gap in existing environmental legislation and to provide a unified approach to the protection of the environment and biodiversity. The policy objective of the EPBC Act is to promote the ecologically sustainable development and use of natural resources while protecting the environment and biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens under Section 303DC pertains specifically to the regulation of native specimen trade within Australia. This amendment applies to specimens of fish and invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken within the New South Wales Estuary General Fishery as defined in the New South Wales Fisheries Management (Estuary General Share Management Plan) Regulation 2006. These specimens are exempt from trade control provisions applicable to regulated native specimens, but only under the conditions that they were taken lawfully and are included in the list until 27 June 2014. The decision to include these specimens was guided by the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition', which outline criteria for assessing the ecological sustainability of fisheries management. The Minister for the Environment, in accordance with subsection 303DC(3) of the EPBC Act, consulted with relevant Commonwealth ministers, state ministers, and the New South Wales Department of Primary Industries, and invited public comment on the proposal, although no comments were received. This legislative instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislation, as referenced in Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish the framework for including certain specimens in the list of exempt native specimens. Section 303DC(3) mandates that before making any amendments to the list, the Minister for the Environment must consult with relevant Commonwealth ministers, state ministers, and potentially other persons and organisations deemed appropriate. In this case, the Delegate of the Minister for the Environment consulted with the New South Wales Department of Primary Industries due to their management responsibilities for the relevant fishery. Additionally, the proposal was advertised on the Department of the Environment's website, inviting comments from interested parties for 23 business days, though no comments were received. The Act imposes several obligations on the parties involved. Firstly, any specimens included in the list of exempt native specimens must be derived from fish or invertebrates taken in the New South Wales Estuary General Fishery as defined in the New South Wales Fisheries Management (Estuary General Share Management Plan) Regulation 2006, in force under the New South Wales Fisheries Management Act 1994. These specimens must also be from species not listed under Part 13 of the EPBC Act. Furthermore, the inclusion of these specimens in the list is contingent upon two conditions: the specimens must be derived from fish or invertebrates taken lawfully, and they must remain in the list until 27 June 2014. The listing aims to permit continued export of these specimens until the specified date. In terms of consequences for breach, the Act does not explicitly detail specific offences, penalties, or civil/criminal consequences within the explanatory statement. However, it is reasonable to infer that any unlawful taking of fish or invertebrates or any export activities that contravene the conditions set out in the Act could potentially lead to legal repercussions under both the EPBC Act and relevant fisheries management laws. The maximum penalties for such breaches would likely be determined by the specific provisions of these Acts, which might include fines, imprisonment, or other legal sanctions as deemed appropriate by the courts. The legislative instrument also adheres to the requirements set out in the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments. The explanatory statement concludes by noting that no human rights issues were raised by this legislative amendment.