Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the conservation of biodiversity. This Act was introduced to address the need for a comprehensive and coordinated approach to environmental protection across Australia, encompassing both federal and state responsibilities. The Act is administered by the Australian Government and aims to ensure that biodiversity and environmental values are integrated into decision-making processes. The legislative instrument in question amends the list of exempt native specimens, specifically including specimens derived from the New South Wales Sea Urchin and Turban Shell Restricted Fishery, subject to certain conditions. This amendment facilitates the export of these specimens without the need for export permits, provided they meet the criteria outlined in the Act and relevant guidelines for ecologically sustainable management. The decision to include these specimens was made following appropriate consultation and public comment, reflecting the policy objective of balancing environmental protection with sustainable economic activities.

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 to the inclusion of certain specimens in the list of exempt native specimens under the Act. Specifically, it addresses specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the New South Wales Sea Urchin and Turban Shell Restricted Fishery as defined under the New South Wales Fisheries Management Act 1994 and the New South Wales Fisheries Management (General) Regulation 2010. This amendment exempts these specimens from the trade control provisions that apply to regulated native specimens, subject to conditions such as the lawful taking of the specimens and their coverage under a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The decision to amend the list was made after consultation with relevant stakeholders, including the New South Wales Department of Primary Industries, and public comment, ensuring alignment with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Key Provisions

The main operative sections of this legislation, particularly Section 303DC, involve the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DC enables the Minister for the Environment to include certain specimens in the list of exempt native specimens. The specimens in question are those derived from fish or invertebrates taken in the New South Wales Sea Urchin and Turban Shell Restricted Fishery, provided they are not from species listed under Part 13 of the EPBC Act. This amendment exempts these specimens from the trade control provisions applicable to regulated native specimens. However, this exemption is contingent upon the specimens being taken lawfully and being covered by a declaration of an approved wildlife trade operation under Section 303FN of the EPBC Act. The Act imposes specific obligations and requirements on the entities and parties it governs. Primarily, it mandates that any specimens derived from the fishery must be taken lawfully and be part of an approved wildlife trade operation. This ensures that the ecological sustainability of the fishery is maintained, as per the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The Minister for the Environment must also consult with relevant state authorities, such as the New South Wales Department of Primary Industries, and invite public comment before making any amendments to the list of exempt native specimens. In terms of penalties and consequences, the legislation does not explicitly outline specific criminal or civil penalties for breaches. However, any failure to comply with the requirements of an approved wildlife trade operation declaration or the illegal taking of specimens could potentially lead to enforcement actions under other provisions of the EPBC Act. Such actions could include fines, imprisonment, or other regulatory sanctions, depending on the severity and nature of the breach. The overarching goal is to ensure that the ecological sustainability of the fishery is preserved while facilitating lawful trade of the specified specimens.