Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This Act provides a framework for the protection of the environment, particularly in relation to the impacts of Commonwealth activities, by establishing controls over actions that have, or are likely to have, significant impacts on matters of national environmental significance. The legislation introduced by F2015L01595, an amendment to the list of exempt native specimens under Section 303DC of the EPBC Act, aims to facilitate the continued export of certain specimens derived from fish or invertebrates taken in the Queensland East Coast Inshore Fin Fish Fishery without requiring export permits, provided the specimens meet specified conditions. This amendment was enacted by the Parliament of Australia and seeks to streamline trade processes while ensuring ecological sustainability, as guided by the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries’. The decision-making process involved consultations with relevant stakeholders, including the Queensland Department of Agriculture and Fisheries, and public comment periods to ensure transparency and inclusivity in the legislative amendment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument, pursuant to Section 303DC, modifies the existing conditions for specimens exempt from trade control provisions. Specifically, it removes conditions on specimens derived from fish or invertebrates taken in the Queensland East Coast Inshore Fin Fish Fishery, provided these specimens are not from species listed under Part 13 of the EPBC Act or taxa listed under section 303CA (Australia’s CITES list). The revised conditions mandate that the specimens must be lawfully taken and must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This amendment facilitates the continued export of these specimens without requiring export permits, as long as the approved wildlife trade operation declaration remains in force. The instrument applies across the Commonwealth and requires consultation with relevant state and territory ministers, as well as inviting public comment. It commenced on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislative instrument, as referenced in section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), involve amending the List of Exempt Native Specimens. Specifically, the instrument revokes the conditions that were previously attached to the inclusion of certain fish and invertebrate specimens in the list. These specimens, taken in the Queensland East Coast Inshore Fin Fish Fishery, will no longer be subject to specific conditions, such as the requirement for a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act, but will still need to meet the general condition that they were taken lawfully. This change allows for the continued export of these specimens without the need for export permits while the approved wildlife trade operation declaration is in force. The Act imposes certain obligations on parties involved with these native specimens. Primarily, any person or entity exporting these specimens must ensure that they were taken lawfully, as required by the conditions of the list. Additionally, the specimens must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery. This requirement ensures that the trade of these specimens is conducted in an ecologically sustainable manner, in line with the Australian Government's 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition'. Failure to comply with the provisions of the EPBC Act and the amended list of exempt native specimens could lead to civil and criminal consequences. While the specific penalties for breaches are not detailed in the explanatory statement, breaches of the EPBC Act generally can attract substantial fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or statutory provisions. The Minister for the Environment is also required to consult with relevant stakeholders, such as the Queensland Department of Agriculture and Fisheries, and to invite public comment before making amendments to the list, ensuring transparency and consideration of stakeholder input in the decision-making process.