Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in areas concerning biodiversity conservation. The Act addresses gaps in environmental protection by offering a framework for the conservation and sustainable use of native species and ecosystems. This legislation was introduced by the Australian Parliament to fill a significant need for a cohesive national approach to environmental conservation and protection, particularly in light of the diverse ecosystems and species found across the country. The policy objective behind the EPBC Act is to ensure the protection and sustainable management of native flora and fauna, including the regulation of trade in native specimens to prevent over-exploitation and extinction. In this specific legislative instrument, F2014L00998, the Minister for the Environment amended the list of exempt native specimens under Section 303DC of the EPBC Act. This amendment aimed to remove certain specimens derived from fish or invertebrates from the Queensland East Coast Beché-de-mer Fishery from the list of exempt native specimens, thus subjecting them to trade control provisions. The decision to make this amendment was preceded by consultations with the relevant authorities, including the Queensland Department of Agriculture, Fisheries and Forestry, and an invitation for public comment. This process ensures that the changes are well-considered and reflect the input of stakeholders and the public, aligning with the overarching goals of the EPBC Act to maintain and enhance Australia's biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity across Australia, impacting a broad range of entities, including individuals, corporations, and government bodies. This particular amendment concerns the list of exempt native specimens, which outlines specimens exempt from the trade control provisions applicable to regulated native specimens. Specifically, the amendment removes from the list specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the Act, taken in the Queensland East Coast Beche-de-mer Fishery. This change applies nationwide, affecting all parties involved in the trade of such specimens. The amendment process required consultation with relevant state and territory authorities, including the Queensland Department of Agriculture, Fisheries and Forestry, and public consultation via the Department of the Environment's website. The legislative instrument is compatible with human rights as recognised in international instruments and commenced on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the regulation of native specimens through the establishment of a list of exempt native specimens, as outlined in Section 303DB. Specimens listed in this section are exempt from the trade control provisions that apply to regulated native specimens. The primary operative sections in this context, specifically Section 303DC, involve the amendment of the list of exempt native specimens. This amendment removes certain specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Queensland East Coast Beché-de-mer Fishery from the list of exempt native specimens. The Act imposes several obligations on the parties and entities it governs. According to Section 303DC(3), the Minister for the Environment is required to consult with relevant Commonwealth ministers, state ministers, and other persons or organisations deemed appropriate before making amendments to the list of exempt native specimens. In this particular instance, the Delegate of the Minister for the Environment consulted with the Queensland Department of Agriculture, Fisheries and Forestry, given their management responsibilities for the fishery in question. Additionally, the proposal to amend the list was advertised on the Department of the Environment's website, inviting comments from interested parties for a specified period of 22 business days. All comments received were considered in the final decision to remove the specified specimens from the list. Breach of the provisions set forth in the EPBC Act could lead to various civil and criminal consequences. However, the specific offences, penalties, or consequences for non-compliance with the amendments to the list of exempt native specimens are not detailed in the provided text. Generally, under the EPBC Act, offences related to the illegal trade of native specimens can attract significant penalties, including substantial fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any specific provisions outlined in other sections of the Act or related regulations.