Amendment of List of Exempt Native Specimens - Queensland East Coast Pearl Fishery - deletion (11/03/2010)

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 legal framework to manage and conserve Australia's biodiversity and heritage. The Act is administered by the Australian Government and aims to strike a balance between economic development and environmental protection. The amendment to the List of Exempt Native Specimens under Section 303DC of the EPBC Act was made to refine the regulations concerning the trade of native specimens, ensuring that certain fish and invertebrate specimens taken in the Queensland East Coast Pearl Fishery are no longer exempt from trade control provisions. This change was enacted after appropriate consultation with relevant ministers and authorities, and following a period of public comment during which no feedback was received.

Scope and Application

The Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act) applies to a wide range of entities and activities that have the potential to impact Australia's biodiversity and environment. This legislation specifically addresses the management and conservation of native flora and fauna, including their trade and movement. In this context, the Act regulates the trade of native specimens, distinguishing between regulated and exempt specimens, and providing for exemptions through a designated list. The recent amendment concerns the list of exempt native specimens, modifying it to exclude certain specimens derived from fish or invertebrates taken in the Queensland East Coast Pearl Fishery, unless these specimens belong to species listed under Part 13 of the EPBC Act. This amendment affects those engaged in the pearl fishing industry in Queensland, ensuring that the trade of these specific specimens is subject to the same control measures as other regulated native specimens. Geographically, the Act's jurisdiction extends across the Commonwealth of Australia, with state and territory governments also having roles in its administration and enforcement. The amendment process involves consultation with relevant ministers and stakeholders, as mandated by the Act, ensuring that changes are made with appropriate consideration of their environmental implications. This legislative instrument is subject to the provisions of the Legislative Instruments Act 2003, and its unique identifying number is EPBC303DC/SFS/2010/05, marking it as a formal and recognised amendment to the EPBC Act.

Key Provisions

The main operative sections of this legislation are section 303DB and subsection 303DC(3) 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. Subsection 303DC(3) mandates that before amending this list, the Minister for Environment Protection, Heritage and the Arts must consult with appropriate Commonwealth Ministers and state or territory ministers, as well as any other persons or organisations deemed appropriate by the Minister. The current legislative instrument removes certain specimens from this list of exemptions. The obligations imposed by this Act on the parties or entities it governs are primarily concerned with the consultation process outlined in subsection 303DC(3). The Minister is required to consult with relevant ministers and other appropriate parties before making any amendments to the list of exempt native specimens. This ensures that the decision-making process is transparent and inclusive, allowing for input from various stakeholders. The proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website, inviting comments from interested parties for a period of 22 days. Although no comments were received, the consultation process was followed as mandated by the legislation. The consequences for breach of this legislation primarily relate to the failure to comply with the consultation requirements outlined in subsection 303DC(3). While the Act does not explicitly state the penalties for such breaches, the failure to consult as required could lead to legal challenges or administrative actions against the Minister. In addition, the amended list of exempt native specimens would be subject to scrutiny, and any improper exclusion of specimens could result in legal consequences. It is important to note that this instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003, which provides a framework for the creation, publication, and operation of legislative instruments.