Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address environmental protection and biodiversity conservation issues across the nation. This Act provides a framework for the protection of the environment, including the regulation of activities that may have a significant impact on the environment. One of its provisions is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The legislative instrument F2015L00019 amends the list of exempt native specimens under section 303DC of the EPBC Act, revoking certain conditions for specimens taken in the Victorian Scallop Fishery and the Queensland East Coast Pearl Fishery, and imposing new conditions to allow continued export of these specimens until 15 January 2016. This amendment was made in consultation with relevant state departments, as required by the Act, and aligns with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to the management and trade of native specimens, specifically fish and invertebrate specimens derived from the Victorian Scallop Fishery and the Queensland East Coast Pearl Fishery. The Act exempts these specimens from the trade control provisions that would otherwise apply to regulated native specimens, provided they comply with certain conditions. These conditions include that the specimens were taken lawfully and must be included in the list of exempt native specimens until 15 January 2016. The amendment revokes previous conditions that applied to these specimens and imposes new ones, thereby extending the date for continued export of these specimens. The Minister for the Environment has exercised due diligence by consulting with relevant authorities such as the Victorian Department of Environment and Primary Industries and the Queensland Department of Agriculture Fisheries and Forestry, ensuring the management arrangements for these fisheries align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument is effective immediately upon its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB allows for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC provides the mechanism for amending this list. This legislative instrument revokes the conditions to which the inclusion of certain fish and invertebrate specimens, taken in the Victorian Scallop Fishery and the Queensland East Coast Pearl Fishery, is subject (section 303DC(1)). It then imposes new conditions for these specimens to be included in the list of exempt native specimens (section 303DC(2)). These new conditions require that the specimens were taken lawfully and that they remain included in the list until 15 January 2016 (section 303DC(2)). This amendment extends the date until which these specimens can continue to be exported without trade control provisions. The obligations imposed by this Act on the parties involved, primarily the Minister for the Environment, require consultation with relevant state and territory ministers, as well as other appropriate persons and organisations, before amending the list of exempt native specimens (section 303DC(3)). In this instance, the Delegate of the Minister for the Environment consulted with the Victorian Department of Environment and Primary Industries and the Queensland Department of Agriculture Fisheries and Forestry due to their management responsibilities over the fisheries in question. Furthermore, the inclusion of specimens in the list was determined with regard to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, which establish criteria for assessing the ecological sustainability of the fisheries’ management arrangements. Under the EPBC Act, breaches of the provisions governing the list of exempt native specimens could lead to civil or criminal penalties. The specific offences, penalties, or consequences for breach are not detailed in the legislative instrument itself but are outlined in the broader EPBC Act. Generally, offences under the EPBC Act can result in substantial penalties, including fines up to $666,000 for individuals and $3.33 million for corporations, along with potential imprisonment terms. The exact penalties depend on the nature and severity of the breach, and the courts have the discretion to impose the most appropriate penalty based on the circumstances of each case. Additionally, breaches may also result in the revocation of permits or licenses, and could lead to reputational damage and other indirect consequences for the parties involved.