Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This Act aims to provide a framework for the protection of the environment, particularly by controlling the impact of actions that may harm the environment or its biodiversity. The Act was introduced by the Australian Parliament to fill the gap in existing legislation by providing a unified and overarching piece of environmental law that could manage both national and internationally significant environmental matters. The instrument in question amends the List of Exempt Native Specimens, aligning it with the fisheries managed by the Northern Territory Department of Primary Industry and Fisheries. The policy objective is to streamline the export approval process for specimens from these fisheries, deemed to be of low ecological risk, thereby extending the export approval until 21 August 2026. This amendment was made in consultation with relevant stakeholders, including conservation organisations and industry associations, to ensure the ecological sustainability of the fisheries involved.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens under Section 303DC pertains to the management and regulation of native specimens derived from specific fisheries in the Northern Territory. This amendment involves the modification of the list of exempt native specimens, specifically those taken from the Mud Crab, Trepang, and Spanish Mackerel fisheries managed by the Northern Territory Department of Primary Industry and Fisheries. By including certain specimens in the list of exempt native specimens, the amendment exempts these items from the trade control provisions that typically apply to regulated native specimens. Importantly, the inclusion of these specimens in the list is contingent upon conditions such as lawful taking and is set to remain in effect until 21 August 2026. This legislative instrument applies to the specified fisheries and their stakeholders, encompassing the entities involved in the harvesting and trade of these specimens within the geographic jurisdiction of the Northern Territory. The amendment extends the export approval for these specimens for a period of ten years, a duration deemed suitable for low-risk fisheries based on assessments conducted in accordance with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’.

Key Provisions

The main provisions of this legislative instrument (F2016L01324) are found in Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which pertains to the management of native specimens. Under Section 303DC, the instrument modifies the List of Exempt Native Specimens by deleting certain specimens taken from three Northern Territory fisheries: the Mud Crab Fishery, the Trepang Fishery, and the Spanish Mackerel Fishery. Simultaneously, it adds these specimens back into the list with specific conditions. These conditions include the requirement that the specimens must have been taken lawfully and are included in the list until 21 August 2026. The Act imposes several obligations on the parties and entities it governs. Firstly, the Minister for the Environment and Energy must consult with relevant ministers, including those from the Northern Territory Department of Primary Industry and Fisheries, and other appropriate persons and organisations before amending the list. This ensures that all stakeholders have an opportunity to provide input. Additionally, the Act mandates that any specimens included in the list must be taken lawfully, which means they must adhere to all relevant fishing regulations and management plans. Offences and penalties under the Act for breaches of its provisions can be substantial. Any illegal taking or trade of native specimens can lead to both criminal and civil penalties. For example, unauthorised taking of protected species can result in fines and imprisonment, with maximum penalties varying depending on the severity of the offence. The Act also provides for the imposition of administrative penalties for breaches of its provisions, which can include significant fines. It is crucial for parties to comply with these requirements to avoid such consequences. In summary, the legislative instrument modifies the List of Exempt Native Specimens under the EPBC Act, ensuring that specimens from specified Northern Territory fisheries are subject to specific conditions if they are to be traded. This includes lawful taking and inclusion in the list until 2026. Parties governed by the Act must adhere to these conditions, consult with relevant stakeholders, and ensure compliance to avoid criminal and civil penalties.