Amendment of List of Exempt Native Specimens - Pandanus spiralis (18/12/2012)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly with respect to matters of national environmental significance. This legislation introduces an amendment to the list of exempt native specimens under Section 303DC of the Act, specifically adding Pandanus spiralis, commonly known as Screw pine, to the list with certain restrictions. The amendment was introduced to address a perceived gap in the regulation of native specimen trade, aiming to balance conservation needs with the facilitation of legitimate trade practices. The enacting body for this amendment is the Parliament of Australia, and the policy objective is to ensure the conservation of endangered species while allowing for the trade of non-threatened varieties. The amendment was made following appropriate consultations with relevant state and territory ministers, as required by Subsection 303DC(3) of the EPBC Act, to ensure the proposal was supported and aligned with conservation objectives.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, specifically concerning the Pandanus spiralis, or Screw pine, adds this species to the list of exempt native specimens, thereby exempting it from the trade control provisions applicable to regulated native specimens. This amendment applies to all persons and entities involved in the trade or handling of native specimens within Australia. The inclusion of Pandanus spiralis in the list is subject to the condition that the exemption does not apply to the EPBC listed variety, Pandanus spiralis var. flammeus (Edgar Plains Pandanus), and it only pertains to non-living, non-reproductively viable material. The amendment extends across the Commonwealth, thereby affecting all states and territories within Australia. Before the amendment, the Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant state and territory ministers, as well as other appropriate persons and organisations to ensure a comprehensive review of the proposal. This legislative instrument is a formal amendment under the Legislative Instruments Act 2003 and is designed to align with human rights and freedoms as declared in relevant international instruments.

Key Provisions

The main operative sections of this legislation (sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999) concern the establishment and amendment of a list of exempt native specimens. Section 303DB sets out the general framework for this list, while section 303DC specifically provides the mechanism for amending the list. In this instance, the list is being amended to include Pandanus spiralis (Screw pine) with certain restrictions: it excludes the EPBC listed variety, Pandanus spiralis var. flammeus (Edgar Plains Pandanus), and applies only to non-living, non-reproductively viable material. This means that trade in these specified specimens will not be subject to the usual trade control provisions that apply to regulated native specimens, provided the exclusions and conditions are adhered to. The Act imposes several obligations and requirements on the parties involved. Firstly, before amending the list of exempt native specimens, the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Commonwealth and state/territory ministers, as well as other persons and organisations deemed appropriate (subsection 303DC(3)). In this case, consultations were undertaken with ministers and agencies in Queensland, Western Australia, and the Northern Territory, as well as with the Australian Ministers for the Arts and Indigenous Affairs. Additionally, the Act requires that any changes to the list must be compatible with human rights and freedoms as recognised or declared in international instruments, and in this case, the legislative instrument has been confirmed to engage none of the applicable rights or freedoms. In terms of consequences for breach, the Act does not explicitly detail specific offences or penalties for non-compliance with the amendments to the list of exempt native specimens. However, general provisions within the EPBC Act may apply, including potential civil and criminal penalties for unauthorised trade in protected species. These could include fines and imprisonment, depending on the severity of the breach and the discretion of the courts. The exact penalties would be determined in accordance with the general enforcement and penalty provisions of the Act, which can include substantial fines and imprisonment terms for breaches of its provisions.