Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with regard to matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and to regulate activities that may have a significant impact on the environment. This legislative instrument, a legislative amendment made in accordance with Section 303DC of the EPBC Act, aims to facilitate the continued export of certain fish and invertebrate specimens from the New South Wales Ocean Trap and Line Fishery without the need for export permits, while ensuring compliance with ecologically sustainable management practices. The amendment was developed with consideration of the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries and involved consultation with relevant Commonwealth and state ministers, as well as public comment. This legislative instrument is consistent with the human rights and freedoms recognised in relevant international instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC pertains specifically to specimens derived from fish or invertebrates taken in the New South Wales Ocean Trap and Line Fishery. This amendment exempts these specimens from the trade control provisions that apply to regulated native specimens, provided they meet certain conditions. Specifically, the specimens must be taken lawfully and be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This amendment is limited to specimens that are not listed under Part 13 of the EPBC Act or under section 303CA, which pertains to Australia’s CITES list. The exemption allows for continued export of these specimens without the need for export permits, subject to the fishery's approved wildlife trade operation declaration being in force. The instrument applies nationally and is enacted under the legislative framework of the Commonwealth of Australia, with consultation undertaken as required by the EPBC Act. The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments and does not engage any applicable rights or freedoms or raise human rights issues.

Key Provisions

The primary operative sections of the legislation, F2014L00510, pertain to the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s 303DC). This amendment includes specimens that are or are derived from fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act (except for species in the conservation dependent category) and those from taxa listed under section 303CA of the EPBC Act (Australia’s CITES list). These specimens must be taken in the New South Wales Ocean Trap and Line Fishery as defined in the New South Wales Fisheries Management (Ocean Trap and Line Share Management) Regulation 2006, and they must be lawfully taken and covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The Act imposes several obligations on the parties involved. Firstly, it mandates that the Minister for the Environment consult with relevant Commonwealth and state ministers before making amendments to the list of exempt native specimens (s 303DC(3)). This consultation process ensures that all relevant parties have an opportunity to provide input. Additionally, the proposal to amend the list must be advertised on the Department of the Environment’s website, and comments from interested parties must be considered before finalising the amendment. These steps aim to ensure that the ecological sustainability of the fishery is maintained and that all stakeholders are informed and can contribute to the decision-making process. Breach of the provisions set out in this legislation could lead to several consequences. While the explanatory statement does not explicitly list specific offences or penalties, it is reasonable to infer that any unlawful taking or trade of the specified specimens would fall under existing provisions within the EPBC Act. Such breaches could result in civil or criminal penalties, which may include fines and imprisonment, depending on the severity of the offence. The specific penalties would be determined by the courts based on the circumstances of each case, but they could be substantial given the environmental and legal context in which the Act operates.