Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This includes the regulation of trade in native specimens to ensure biodiversity conservation and sustainable use of natural resources. The 1999 Act established a framework to manage and control the trade of native species, aiming to prevent the extinction of species and the degradation of ecosystems. This legislative instrument amends the list of exempt native specimens under Section 303DB of the EPBC Act, which excludes certain specimens from the trade control provisions applicable to regulated native specimens. The policy objective is to ensure that the management of native species trade is effectively coordinated with state and territory authorities, as well as with relevant stakeholders, to maintain ecological balance and sustainable fisheries practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and persons involved in the trade of native specimens, ensuring that these activities do not negatively impact the environment. Specifically, this legislation affects those involved in the trade of native specimens, including individuals, businesses, and other entities engaged in activities that could potentially harm the biodiversity. The EPBC Act has a national jurisdictional reach, governing activities across Australia, with the Commonwealth holding primary responsibility for the conservation of biodiversity. The Act provides for the establishment and amendment of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. The recent amendment removes certain specimens, namely those derived from fish or invertebrates taken in the Queensland Blue Swimmer Crab Pot Fishery, from the list of exempt native specimens unless they belong to species listed under Part 13 of the EPBC Act. This amendment follows consultation with relevant state authorities and public comment, ensuring a comprehensive approach to biodiversity conservation. The Act extends its application through subordinate instruments, allowing for further refinement and implementation of its provisions.

Key Provisions

The main operative sections of this legislation, as per the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), are sections 303DB and 303DC. Section 303DB establishes a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC, in turn, provides for the amendment of this list. Specifically, this instrument aims to remove certain specimens from this list, namely specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the Queensland Blue Swimmer Crab Pot Fishery as defined in the management regime in force under the Queensland Fisheries Act 1994 and Fisheries Regulation 2008. In terms of obligations and requirements, this legislation mandates that before the Minister for the Environment amends the list of exempt native specimens, they must consult with relevant Commonwealth ministers and state/territory ministers, as well as other persons and organisations deemed appropriate. This consultation process ensures that all relevant stakeholders have the opportunity to provide input and feedback on the proposed changes. Additionally, 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 22 business days. All comments received were taken into account in the decision-making process. The legislation does not explicitly outline specific offences, penalties, or consequences for breaches. However, as a legislative instrument, it operates under the authority of the Legislative Instruments Act 2003, which provides a framework for the creation and operation of legislative instruments. Non-compliance with the provisions of the EPBC Act, including the list of exempt native specimens, could potentially lead to civil or criminal penalties under the broader provisions of the Act, although these are not detailed within this particular instrument. The instrument itself commenced on the day after it was registered on the Federal Register of Legislative Instruments, signifying its legal effect from that point forward.