Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the Australian environment, including its biodiversity, and to regulate the impact of Commonwealth activities on the environment. This Act aims to address the problem of unsustainable practices in the management of native specimens and the need to regulate their trade. The problem this Act was introduced to address is the protection of native species and their habitats from the adverse effects of trade and other activities, ensuring that biodiversity is preserved for future generations. The enacting body is the Australian Parliament, and the policy objective is to achieve ecologically sustainable development through the conservation of biodiversity. In accordance with Section 303DC of the EPBC Act, this legislative instrument seeks to amend the List of Exempt Native Specimens by including certain specimens derived from the Queensland East Coast Otter Trawl Fishery, provided they meet specific conditions. The inclusion of these specimens in the list is intended to facilitate the continued export of these specimens without the need for export permits, while ensuring that the specimens are taken lawfully and are covered by an approved wildlife trade operation declaration. This amendment aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the ecological sustainability of the fishery is maintained. The Minister for the Environment consulted with relevant stakeholders, including Fisheries Queensland, and invited public comments before making the decision to include these specimens in the list of exempt native specimens.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument pertains to the trade of native specimens, specifically fish or invertebrate specimens derived from the Queensland East Coast Otter Trawl Fishery, which are to be included in the list of exempt native specimens. This inclusion exempts these specimens from the trade control provisions applicable to regulated native specimens, allowing for continued export without the need for export permits provided the specimens were taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. However, specimens belonging to species listed under Part 13 of the EPBC Act (excluding those listed in the conservation dependent category) and those belonging to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list) are excluded from this exemption. The amendment is subject to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, and the Minister for the Environment consulted with relevant parties, including Fisheries Queensland, prior to making the amendment. This legislative instrument applies nationally and came into effect 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) has been amended to include certain specimens in the list of exempt native specimens (section 303DB). Specifically, this amendment (F2013L02004) pertains to specimens that are or are derived from fish or invertebrates taken in the Queensland East Coast Otter Trawl Fishery, with certain exceptions. These exceptions include specimens belonging to species listed under Part 13 of the EPBC Act, excluding those listed in the conservation dependent category, and specimens belonging to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list). The inclusion of these specimens in the list of exempt native specimens means they are exempt from the trade control provisions that apply to regulated native specimens. The obligation under this Act requires that the specimens or the fish or invertebrates from which they are derived must have been taken lawfully. Furthermore, 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 means that the specimens can continue to be exported without the need for export permits, provided the declaration for the approved wildlife trade operation remains in force. The decision to include these specimens in the list of exempt native specimens was made in consultation with relevant stakeholders, including Fisheries Queensland, and after inviting public comment. Breach of the provisions outlined in this Act could lead to legal consequences. While the specific penalties for non-compliance are not detailed in the instrument, the broader EPBC Act provides for both civil and criminal penalties. These may include fines and imprisonment, depending on the nature and severity of the breach. The exact penalties would be determined in the context of the broader legislative framework and specific circumstances of any non-compliance. The legislative instrument is designed to ensure that the trade of these specimens remains sustainable and lawful, protecting both biodiversity and the interests of stakeholders involved in the fishery.