Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection and conservation of the environment and biodiversity, particularly in relation to activities that may have significant impacts. The Act establishes a framework for assessing and controlling activities that could harm the environment, including the regulation of trade in native specimens. One of the mechanisms provided by the Act is the establishment of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. The legislative instrument, F2014L00093, amends this list in accordance with Section 303DC of the EPBC Act, removing certain specimens taken in the New South Wales Ocean Hauling Fishery from the list of exempt native specimens. The policy objective of this amendment is to enhance the regulation of trade in native specimens, ensuring that appropriate controls are applied to certain specimens, while still allowing for the management of fisheries under state jurisdiction. The instrument was developed following consultation with relevant stakeholders, including the New South Wales Department of Primary Industries, and public comment was invited but none was received.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to all persons and entities within Australia, including those involved in the trade of native specimens. The Act's primary purpose is to protect and conserve Australia's biodiversity and environment, and it regulates the trade of native specimens to prevent their over-exploitation and to ensure sustainable use. Under Section 303DB, certain native specimens are listed as exempt from trade controls, provided they meet specific criteria. This legislative instrument amends the list of exempt native specimens by removing certain fish and invertebrate specimens taken in the New South Wales Ocean Hauling Fishery, except for those belonging to species listed under Part 13 of the EPBC Act. The amendment applies nationally, impacting all trade involving the specified specimens across Australia. The instrument was developed following consultations with relevant stakeholders, including the New South Wales Department of Primary Industries, and public consultation. The changes took effect on the day after the instrument was registered on the Federal Register of Legislative Instruments.

Key Provisions

Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides the framework for maintaining the list of exempt native specimens. This list determines which native specimens are exempt from the trade control provisions that apply to regulated native specimens. The specific amendment in this instrument (F2014L00093) involves the removal of certain specimens from this list. 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 Ocean Hauling Fishery as defined in the Fishery Management Strategy for the Ocean Hauling Fishery under the New South Wales Fisheries Management Act 1994. The obligations imposed by this Act on the parties or entities it governs primarily revolve around compliance with the trade control provisions for native specimens. The Act requires those involved in the trade of these specimens to ensure they adhere to the specified controls and exemptions. For the specimens affected by this amendment, they are no longer exempt from these trade controls and must therefore comply with the regulations that apply to regulated native specimens. This includes ensuring all necessary permits and documentation are in order, and that the trade activities are conducted in accordance with the EPBC Act. Failure to comply with the provisions of the EPBC Act can lead to a range of civil and criminal consequences. The specific offences, penalties, or consequences for breach are not detailed in this particular instrument, but generally, the EPBC Act provides for both civil and criminal penalties for breaches of its provisions. Civil penalties can include fines up to $66,600 for individuals and $333,000 for corporations, depending on the severity and nature of the offence. Criminal penalties can result in imprisonment for up to five years for individuals and higher fines for corporations. Additionally, those found in breach may also be subject to court orders that require the cessation of certain activities or the restoration of affected environments.