Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and conserve Australia's biodiversity and environment. This Act provides mechanisms for the protection of native species and their habitats from threats such as trade and invasive species, and seeks to ensure sustainable use of natural resources. The Act establishes the list of exempt native specimens under Section 303DB, which exempts certain specimens from the trade control provisions that apply to regulated native specimens. In 2014, an amendment was made to this list, removing certain specimens derived from fish or invertebrates taken in the New South Wales Ocean Trap and Line Fishery from the exempt list. This legislative instrument was enacted following consultation with relevant stakeholders and public consultation, ensuring that all relevant views were considered before the decision was made. The amendment reflects a policy objective to enhance biodiversity conservation by regulating the trade of native specimens more effectively.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection and conservation of the environment, including the regulation of trade in native specimens. Under Section 303DB of the EPBC Act, a list of exempt native specimens has been established, which exempts certain specimens from the trade control provisions that apply to regulated native specimens. This legislative instrument amends that list by removing certain specimens that are or are derived from fish or invertebrates taken in the New South Wales Ocean Trap and Line Fishery, except for specimens belonging to species listed under Part 13 of the EPBC Act. This change affects entities and individuals involved in the trade of these specimens, particularly within the New South Wales Ocean Trap and Line Fishery. The geographic scope of this amendment is limited to the Commonwealth, but it directly impacts the management and regulation of native specimens in New South Wales. Prior to the amendment, the Minister for the Environment consulted with the New South Wales Department of Primary Industries and sought public comment, ensuring a collaborative approach to the regulatory change. The amendment is compatible with human rights and freedoms as recognised in relevant international instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines a list of exempt native specimens through Section 303DB, which exempts these specimens from trade control provisions applicable to regulated native specimens. The main operative section of the amendment, Section 303DC, specifies that certain specimens will be removed from this list. Specifically, specimens or those derived from fish or invertebrates taken in the New South Wales Ocean Trap and Line Fishery, unless they belong to species listed under Part 13 of the EPBC Act, will no longer be exempt. This amendment targets the specimens derived from this particular fishery and excludes them from the list of exempt native specimens. The Act imposes several obligations on parties involved with these specimens. The Minister for the Environment must consult with appropriate Commonwealth and state ministers, as well as relevant departments and organisations, before making amendments to the list. In this case, the Minister consulted with the New South Wales Department of Primary Industries, which has management responsibility for the fishery in question. Furthermore, the proposal to amend the list was advertised on the Department of the Environment’s website, inviting comments from interested parties for a period of 21 business days. All comments received were considered in the decision-making process, ensuring a transparent and inclusive approach. The amendment also addresses potential breaches and consequences as per the EPBC Act. While the explanatory statement does not explicitly mention penalties, breaches of the EPBC Act can lead to significant civil and criminal consequences. Under the Act, unauthorised actions related to the trade of native specimens can result in fines and imprisonment. For example, the Act provides for maximum penalties of up to $220,000 for individuals and $1,100,000 for corporations for offences related to the trade of native specimens. These penalties underscore the importance of compliance with the amended list of exempt native specimens and the overarching objectives of the EPBC Act in protecting biodiversity.