Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance, and to establish a framework for the conservation of biodiversity. The 1999 Act created a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. In 2014, the Act was amended to include certain specimens in the list of exempt native specimens, subject to specific conditions and restrictions. The purpose of this amendment was to allow continued export of these specimens until a specified date, while considering the ecological sustainability of the relevant fishery’s management arrangements. The amendment was made in accordance with Section 303DC of the EPBC Act, which requires the Minister for the Environment to consult relevant parties before amending the list of exempt native specimens. This legislative instrument was introduced by the Delegate of the Minister for the Environment and commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to the regulation of trade in native specimens and seeks to include certain fish and invertebrate specimens from the New South Wales Ocean Hauling Fishery in the list of exempt native specimens. These specimens are exempt from the trade control provisions that apply to regulated native specimens, provided they are taken lawfully and the exemption is valid until 27 June 2014. This amendment applies specifically to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken within the defined area of the New South Wales Ocean Hauling Fishery as stipulated in the New South Wales Fisheries Management (Ocean Hauling Share Management Plan) Regulation 2006. The amendment allows continued export of these specimens until the specified date. The legislation extends its reach to all relevant stakeholders involved in the fishery, ensuring compliance with the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition'. The Minister for the Environment, in making this amendment, engaged in consultations with the New South Wales Department of Primary Industries and invited public comment, though no comments were received. This legislative instrument is effective from the day it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended to include certain fish and invertebrate specimens in the list of exempt native specimens (section 303DB). Specifically, section 303DC of the EPBC Act now includes specimens taken in the New South Wales Ocean Hauling Fishery, as defined in the New South Wales Fisheries Management (Ocean Hauling Share Management Plan) Regulation 2006, provided these specimens are not from species listed under Part 13 of the EPBC Act. This inclusion exempts these specimens from the trade control provisions that apply to regulated native specimens, allowing continued export until 27 June 2014, subject to specific conditions. The inclusion of these specimens in the list of exempt native specimens is subject to two main conditions. Firstly, the specimens, or the fish or invertebrates from which they are derived, must have been taken lawfully (section 303DC(3)). Secondly, the specimens are included in the list until 27 June 2014. This amendment facilitates the ongoing export of these specimens until the specified date. The decision to amend the list was informed by the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition,' which set the criteria for assessing the ecological sustainability of the fishery’s management arrangements. The obligations imposed by this legislation primarily involve compliance with the conditions attached to the exemption of these specimens. Entities involved in the trade of these specimens must ensure that the specimens are derived from lawful catches and adhere to the specified timeline for export. Additionally, the amendment process required consultation with relevant stakeholders, including the New South Wales Department of Primary Industries, and public consultation, as mandated by subsection 303DC(3) of the EPBC Act. The proposal was also advertised on the Department of the Environment’s website to invite comments from interested parties, although no comments were received in this instance. Breach of the conditions specified in the inclusion of these specimens in the list of exempt native specimens could result in civil or criminal consequences, depending on the nature and severity of the breach. The EPBC Act provides for various penalties for non-compliance with its provisions, including fines and imprisonment. However, the specific penalties for breaching the conditions related to the exemption of these specimens are not detailed in the explanatory statement. The legislative instrument, once registered, became effective immediately and is binding under the Legislative Instruments Act 2003.