Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to regulate the impact of certain activities on the environment. The Act was introduced to address the need for a comprehensive framework that could manage and mitigate the environmental impact of human activities. The enacting body was the Parliament of Australia, with a policy objective to safeguard biodiversity and environmental processes on a national and international scale. The legislative instrument F2016L00782 amends the List of Exempt Native Specimens under section 303DC (1)(a) of the EPBC Act. This amendment includes giant scarlet prawns (Aristaeopsis edwardsiana), royal red prawns (Haliporoides sibogae), giant red prawn (Aristaeomorpha foliacae), and scampi (Metanephrops spp. and Nephropsis spp.) taken by Schulz Fisheries Pty Ltd in the Queensland East Coast Otter Trawl Fishery. The inclusion of these specimens in the list exempts them from the trade control provisions applicable to regulated native specimens, subject to certain conditions including lawful taking and an approved wildlife trade operation declaration. This change aims to facilitate the export of these specimens without the need for export permits, provided the relevant fishery management conditions are met. The decision to amend the list was made after consulting with the Queensland Department of Agriculture and Fisheries and considering public comments invited via the Department of the Environment’s website.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, as detailed in F2016L00782, pertains to the inclusion of specific native prawn and scampi specimens in the list of exempt native specimens. This amendment applies to Schulz Fisheries Pty Ltd, which operates within the Queensland East Coast Otter Trawl Fishery, as defined in the Queensland Fisheries (East Coast Trawl) Management Plan 2010 under the Queensland Fisheries Act 1994. The inclusion of these specimens in the list of exempt native specimens exempts them from the trade control provisions that apply to regulated native specimens, thereby facilitating their export without the need for export permits, provided they comply with the restrictions and conditions stipulated. These include the lawful taking of the specimens and the coverage by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery. The decision to amend the list involved consultations with the Queensland Department of Agriculture and Fisheries, which has management responsibility for the fishery, and a public consultation process. The amendment ensures alignment with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, reflecting a commitment to sustainable management practices.

Key Provisions

The main operative sections of this legislation, specifically Section 303DC(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), provide for the inclusion of certain marine specimens into the list of exempt native specimens. This means that the listed specimens, namely giant scarlet prawns (Aristaeopsis edwardsiana), royal red prawns (Haliporoides sibogae), giant red prawn (Aristaeomorpha foliacae), and scampi (Metanephrops spp. and Nephropsis spp) taken by Schulz Fisheries Pty Ltd in the Queensland East Coast Otter Trawl Fishery, are exempt from the trade control provisions that apply to regulated native specimens. This inclusion allows for the export of these specimens without the requirement of export permits while an approved wildlife trade operation declaration for the fishery remains in force. This Act imposes specific obligations and requirements on the parties or entities it governs. For example, the specimens must be taken lawfully, and the specimens must be covered by a declaration of an approved wildlife trade operation under Section 303FN of the EPBC Act. This ensures that the trade of these specimens aligns with the sustainable management practices outlined in the Australian Government's 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition'. In addition, the Minister for the Environment must consult with relevant Commonwealth and state ministers, as well as other persons and organisations, before amending the list of exempt native specimens. The proposal to amend the list was advertised on the Department of the Environment’s website, inviting comments from interested parties for a period of 24 business days, and all comments received were considered in the decision-making process. The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, it is understood that any breaches of the EPBC Act, including the failure to comply with the trade control provisions or the misuse of approved wildlife trade operation declarations, could result in civil or criminal penalties. The maximum penalties for breaches of the EPBC Act can vary widely depending on the nature and severity of the offence, but they can include significant fines and, in some cases, imprisonment. The specific penalties would be determined by the courts based on the circumstances of the breach.