Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a significant piece of legislation enacted to address the protection and conservation of Australia's biodiversity and its associated ecosystems. This Act aims to prevent harm to the environment, including its flora, fauna, and ecological communities, through the regulation of activities that may impact biodiversity. The EPBC Act establishes a framework for the assessment and approval of actions that may have substantial environmental effects, ensuring that environmental considerations are integrated into decision-making processes. The Act also provides mechanisms for the management of listed threatened species and ecological communities, and regulates the trade and movement of native specimens. In this context, the 2014 amendment, documented as F2014L00823, specifically addresses the list of exempt native specimens under Section 303DB by removing certain specimens derived from fish or invertebrates from the New South Wales Ocean Trawl Fishery, aiming to enhance biodiversity protection and align with the overarching policy objectives of the EPBC Act. This legislative instrument was enacted following appropriate consultation and public comment, as mandated by the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the regulation of activities that may have a significant impact on matters of national environmental significance. This particular legislative instrument amends the list of exempt native specimens under Section 303DB of the EPBC Act, which specifies that certain specimens are exempt from the trade control provisions applicable to regulated native specimens. The amendment removes specific specimens derived from fish or invertebrates from the New South Wales Ocean Trawl Fishery, except those belonging to species listed under Part 13 of the EPBC Act, from the list of exempt native specimens. The amendment affects entities involved in the fishery and their transactions, imposing stricter controls on the trade of these specimens. Geographically, the amendment applies across the Commonwealth, aligning with the national scope of the EPBC Act. Prior to the amendment, the Minister for the Environment consulted with relevant ministers and stakeholders, including the New South Wales Department of Primary Industries, and invited public comment through the Department of the Environment’s website. The legislative instrument does not engage any rights or freedoms and is compatible with human rights and freedoms as declared in international instruments.

Key Provisions

The key provisions of this legislation pertain to the amendment of the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DB of the Act establishes a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument aims to delete certain specimens from this list, namely those 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 Trawl Fishery. This amendment ensures that these particular specimens will no longer be exempt from the trade controls that apply to regulated native specimens. The Act imposes certain obligations on the Minister for the Environment to consult with relevant stakeholders before making amendments to the list of exempt native specimens. Section 303DC(3) requires the Minister to consult with appropriate Commonwealth and state ministers, as well as other persons and organisations deemed relevant to the matter. In this case, the Delegate of the Minister for the Environment consulted with the New South Wales Department of Primary Industries, which has management responsibilities for the fishery concerned. Additionally, 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 24 business days. All comments received were taken into account in making the decision to delete the specified specimens from the list of exempt native specimens. The legislation does not explicitly outline any offences, penalties, or civil/criminal consequences for breach. However, it is important to note that failure to comply with the trade control provisions applicable to regulated native specimens may result in civil or criminal penalties as stipulated in other sections of the EPBC Act or related legislation. The maximum penalties for breaches of the EPBC Act can vary widely depending on the specific offence and circumstances, but can include substantial fines and, in some cases, imprisonment. It is essential for parties and entities governed by the Act to adhere to the trade control provisions to avoid any potential legal repercussions.