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. This legislation was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and environment, ensuring that development and other activities do not cause significant harm to the environment. The Act is overseen by the Parliament of Australia, with the aim of achieving a balance between economic development and environmental protection. The policy objective behind the 1999 Act, as reiterated in subsequent amendments, is to maintain ecological integrity and to conserve Australia's unique and diverse natural heritage. The legislative instrument in question amends the list of exempt native specimens under the EPBC Act, specifically removing certain specimens derived from the Queensland East Coast Otter Trawl Fishery from the list, thereby subjecting them to stricter trade controls.

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, including regulated native specimens and those listed as exempt. The Act extends its jurisdictional reach across the Commonwealth of Australia, impacting both federal and state levels. This particular amendment concerns the list of exempt native specimens, removing from it specimens that are or are derived from fish or invertebrates taken in the Queensland East Coast Otter Trawl Fishery, except those belonging to species listed under Part 13 of the EPBC Act. This change was executed through a legislative instrument that followed the consultation process stipulated in Section 303DC(3) of the EPBC Act, requiring consultation with relevant ministers and other stakeholders such as Fisheries Queensland. Public consultation was also undertaken by advertising the proposal on the Department of the Environment’s website. The amendment commenced on the day following its registration on the Federal Register of Legislative Instruments and does not raise any human rights issues.

Key Provisions

The main operative sections of this legislation are Section 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes a list of exempt native specimens which are not subject to the trade control provisions that apply to regulated native specimens. Section 303DC allows for the amendment of this list by deleting certain specimens and associated notations. In this instance, specimens that are or derived from fish or invertebrates, other than those listed under Part 13 of the EPBC Act, taken in the Queensland East Coast Otter Trawl Fishery have been removed from the list of exempt native specimens. The Act imposes several obligations on the Minister for the Environment, including the requirement to consult with relevant ministers and other persons or organisations as deemed appropriate (Section 303DC(3)). In this case, the Delegate of the Minister for the Environment consulted with Fisheries Queensland, as they have 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 period of 21 business days. All comments received were considered in the decision-making process. Failure to comply with the provisions of the EPBC Act could result in civil or criminal penalties, depending on the nature and severity of the breach. For example, unauthorised trade in regulated native specimens could lead to fines or imprisonment, as outlined in Section 487 of the Act. The maximum penalties for breaches of the Act are detailed in the legislation, with specific fines and imprisonment terms provided for different types of offences. It is essential for parties and entities governed by the Act to adhere to its requirements to avoid potential legal consequences.