Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to provide a framework for the protection of the environment, particularly in relation to matters of national environmental significance. This legislation was introduced to address the need for comprehensive environmental protection and biodiversity conservation, aiming to integrate environmental considerations into decision-making processes across various sectors. The Act allows for the creation of a list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. The Act includes mechanisms for the amendment of this list, as evidenced by the legislative instrument F2014L00571, which was introduced to revoke and impose new conditions on the inclusion of certain fish and invertebrate specimens from the Pilbara Fish Trawl Interim Managed Fishery in the list of exempt native specimens. This amendment was made to facilitate the continued export of these specimens until 18 May 2017, aligning with the Australian Government’s guidelines for the ecologically sustainable management of fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens targets the inclusion of specimens derived from fish or invertebrates within the Pilbara Fish Trawl Interim Managed Fishery, excluding those specimens belonging to species listed under Part 13 of the Act. This legislative instrument applies to entities and individuals involved in the lawful taking and export of these specimens, effectively exempting them from the trade control provisions applicable to regulated native specimens. This amendment ensures that such exports can continue until 18 May 2017, subject to the conditions that the specimens were taken lawfully and are included in the list until the specified date. The geographic scope of this amendment is confined to the jurisdictional reach of the EPBC Act, which encompasses the Commonwealth and relevant state and territory authorities. The instrument was created under the authority of the Legislative Instruments Act 2003, and its implementation involved consultation with relevant stakeholders, including the Western Australian Department of Fisheries, and public comment through the Department of the Environment’s website. This legislative amendment does not engage any rights or freedoms and is compatible with human rights and freedoms as declared in international instruments.

Key Provisions

The key operative sections of this legislation pertain to the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DC allows for the amendment of the list by revoking existing conditions and imposing new ones. Section 303DB details the inclusion criteria for exempt native specimens, which in this case are specimens taken in the Pilbara Fish Trawl Interim Managed Fishery. The new conditions, as outlined in the legislation, require that the specimens be taken lawfully and that they remain exempt until 18 May 2017. This amendment aims to facilitate the continued export of these specimens until the specified date. The obligations and requirements imposed by the Act on the parties or entities it governs include ensuring that any specimens taken are lawful and are derived from the specified fishery. Additionally, the Western Australian Department of Fisheries, which has management responsibilities for the fishery, must have been consulted in the process. The Minister for the Environment is also required to advertise the proposal to amend the list on the Department of the Environment’s website and invite comments from interested parties for a specified period. The legislation outlines potential consequences for breaches of the imposed conditions. While specific offences and penalties are not detailed in the provided text, it is generally understood that failure to comply with the conditions could result in legal action under the EPBC Act. This may include both civil and criminal penalties, depending on the severity and nature of the breach. The maximum penalties could be substantial, reflecting the seriousness of non-compliance with environmental protection laws. In summary, the legislation modifies the conditions under which certain specimens can be exported, ensuring that they are taken lawfully and remain exempt until a specific date. It imposes obligations on the relevant parties to comply with these conditions and consults with relevant authorities to ensure the ecological sustainability of the fishery. Non-compliance with these provisions may lead to legal repercussions, although specific penalties are not detailed in the provided text.