Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, particularly with regard to matters of national environmental significance. One of the ways it achieves this is by regulating the trade of native specimens, with certain exceptions outlined in the Act. In 2013, an amendment was introduced to adjust the list of exempt native specimens under section 303DB of the Act, specifically concerning specimens taken in the Pilbara Fish Trawl Interim Managed Fishery. The amendment, detailed in F2013L01997, revoked previous conditions and imposed new ones to allow continued export of these specimens until 21 May 2014. The decision to include these specimens in the exempt list was guided by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the fishery’s management arrangements met ecological sustainability criteria. The amendment was made after appropriate consultation with relevant Commonwealth and state ministers, as well as the Western Australian Department of Fisheries, which has management responsibilities for the fishery in question.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies to specimens derived from fish or invertebrates taken in the Pilbara Fish Trawl Interim Managed Fishery, excluding those specimens belonging to species listed under Part 13 of the Act. The amendment revokes previous conditions attached to these specimens being included in the list of exempt native specimens, thereby allowing their continued export until 21 May 2014. The Act extends its application across the Commonwealth, ensuring that all relevant parties comply with the trade control provisions specified. Notably, this amendment does not exempt any other species or specimens beyond those clearly stated, and it is subject to the jurisdictional oversight of the Minister for the Environment, who must consult with appropriate Commonwealth, state, and territory ministers, as well as relevant departments and organisations during the amendment process.

Key Provisions

Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) mandates the creation of a list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. This legislative instrument amends the list by revoking existing conditions that were in place since 26 June 2013 for specimens derived from fish or invertebrates taken in the Pilbara Fish Trawl Interim Managed Fishery, except those belonging to species listed under Part 13 of the Act. Instead, the revised conditions require that the specimens or the fish or invertebrate from which they are derived must be taken lawfully and that the specimens remain exempt until 21 May 2014. This change extends the date of exemption, facilitating continued exports of these specimens until the specified date. The obligations imposed by this legislation are primarily on those involved in the export or trade of the specified specimens. They must ensure that the specimens were taken lawfully and are within the exempted category until 21 May 2014. Compliance with these conditions is crucial to avoid falling foul of the trade control provisions of the EPBC Act. Additionally, the Minister for the Environment, in making these amendments, was required to consult with relevant Commonwealth ministers, state and territory ministers, as well as the Western Australian Department of Fisheries, as stipulated by subsection 303DC(3) of the EPBC Act. Failure to comply with the conditions set forth in this legislative instrument can result in significant legal repercussions. While the specific offences and penalties are not detailed in the explanatory statement, breaches of the EPBC Act generally can lead to substantial fines and, in severe cases, imprisonment. The penalties for contravening the Act's provisions can include fines of up to $1.1 million for corporations and $220,000 for individuals, along with potential criminal charges for serious or repeated offences. This underscores the importance of adhering to the legislative requirements to avoid facing these severe consequences.