Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation measures in Australia. One of the mechanisms within the EPBC Act is the establishment of a list of exempt native specimens, as provided for in Section 303DB. This list exempts certain specimens from the trade control provisions that apply to regulated native specimens. The EPBC Act was introduced by the Australian Parliament to fill the gap in existing legislation regarding the protection of the environment and biodiversity, providing a unified framework to manage and conserve Australia's natural heritage. The policy objective of the Act is to promote the sustainable use of natural resources while protecting the environment and biodiversity. The legislative instrument F2016L01742 amends the list of exempt native specimens to reflect changes in the management of certain fisheries in Western Australia and Queensland, ensuring that the export approval for the specimens aligns with the regulatory framework and sustainable fishing practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens targets native specimens taken from the Western Australian South Coast Crustacean Fishery and the Queensland East Coast Otter Trawl Fishery. This legislation applies to these specific specimens, ensuring they are exempt from trade control provisions applicable to regulated native specimens under the EPBC Act. The amendment involves both deleting certain specimens from the list of exempt native specimens and adding others with specific conditions, such as ensuring that the specimens were taken lawfully and remain exempt only until specified dates. The application of this Act is limited to the management and regulation of these fisheries and their native specimens, with no broader jurisdictional reach unless explicitly noted in the Act. The exclusions are based on the specific specimens mentioned, and the Act's application can be extended or restricted through subordinate instruments, as per subsection 303DC(3) of the EPBC Act, which mandates consultation with relevant departments and stakeholders before making amendments.

Key Provisions

Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. The legislative instrument under discussion amends this list by deleting certain specimens taken in the Western Australian South Coast Crustacean Fishery and the Queensland East Coast Otter Trawl Fishery from the list of exempt native specimens. Simultaneously, it adds these same specimens back into the list, subject to specific conditions. These conditions include that the specimens or the fish or invertebrate from which they are derived must have been taken lawfully, and their inclusion in the list is valid until the dates specified in Schedule 2. This effectively extends the export approval for these specimens until the dates outlined in Schedule 2. The obligations imposed by this Act on parties or entities include ensuring that any specimens taken from the specified fisheries and intended for export comply with the conditions set out in the amended list. Specifically, it mandates that these specimens must have been taken lawfully. This involves adherence to the respective state fisheries regulations and any other applicable laws. The Minister for the Environment and Energy must consult with relevant state departments, such as the Western Australian Department of Fisheries and the Queensland Department of Agriculture and Fisheries, before making any amendments to the list. Such consultations ensure that the changes are informed by the latest fisheries management practices and regulatory requirements. The legislative instrument also outlines potential consequences for non-compliance with its provisions. Although specific offences and penalties are not detailed in the explanatory statement, breaches of the EPBC Act can generally lead to civil or criminal penalties. Civil penalties can include substantial fines, while criminal offences may result in imprisonment, depending on the severity and nature of the breach. The Act provides for a robust framework to enforce compliance and protect native species from unsustainable trade practices. The inclusion of specimens in the list under specific conditions aims to balance conservation efforts with legitimate trade activities.