Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework for the protection of the environment, including biodiversity, through the prevention of significant impacts from proposed actions. This legislation establishes mechanisms for the assessment and approval of actions that may have environmental consequences, aiming to ensure sustainable development. The Act was introduced by the Parliament of Australia to provide a unified approach to environmental protection and biodiversity conservation across the nation. This particular legislative instrument, F2015L00213, amends the list of exempt native specimens under the EPBC Act by removing certain fish and invertebrate specimens from the exemption list. This change was made to better align the regulatory framework with specific fisheries management practices in Queensland. The decision to amend the list was preceded by consultations with relevant stakeholders, including the Queensland Department of Agriculture, Fisheries and Forestry, and a public consultation process that received a substantial number of submissions. The policy objective of this amendment is to enhance the regulatory oversight of native specimen trade while considering the management responsibilities of state authorities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth legislation that applies to all persons and entities within Australia and its external territories. This particular legislative instrument amends the list of exempt native specimens under Section 303DB, specifically removing certain fish and invertebrate specimens taken from the Queensland East Coast Inshore Fin Fish Fishery from the list of exempt native specimens. These specimens are now subject to the trade control provisions that apply to regulated native specimens, unless they belong to species listed under Part 13 of the EPBC Act. The amendment was made following consultations with the Queensland Department of Agriculture, Fisheries and Forestry, and a public consultation process that received 4887 submissions. The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments. There are no human rights issues raised by this instrument.

Key Provisions

The primary operative sections of this legislative instrument concern the amendment of the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB of the Act establishes a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. This amendment removes certain fish and invertebrate specimens from the list of exempt specimens, specifically those taken in the Queensland East Coast Inshore Fin Fish Fishery, unless they belong to species listed under Part 13 of the EPBC Act. The Act imposes several obligations on the parties it governs. Firstly, the Minister for the Environment must consult with relevant ministers and stakeholders before making amendments to the list of exempt native specimens. In this case, the Delegate of the Minister consulted with the Queensland Department of Agriculture, Fisheries and Forestry, given their management responsibilities over the fishery. Additionally, the proposal was advertised on the Department of the Environment’s website, inviting public comment for 57 business days, demonstrating a commitment to transparency and stakeholder engagement. There are no direct offences or penalties stipulated in this legislative instrument for non-compliance with the list amendment. However, any unauthorised trade in specimens previously exempt but now subject to regulation could result in civil or criminal consequences under other sections of the EPBC Act. Violators could face substantial fines and imprisonment, with penalties varying based on the severity of the breach. In summary, this legislative instrument removes specific fish and invertebrate specimens from the list of exempt native specimens, aligning with the trade control provisions of the EPBC Act. The process involved appropriate consultation with stakeholders and public engagement, ensuring a thorough consideration of the implications of this amendment. While the instrument itself does not specify penalties for non-compliance, existing provisions within the EPBC Act would apply to any breaches related to the trade of these specimens.