Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the need for comprehensive protection of the environment and biodiversity, including the sustainable use of natural resources. The Act provides mechanisms for the conservation of biodiversity and the protection of the environment from harmful activities. This legislation was introduced by the Parliament of Australia, aiming to safeguard Australia's unique flora and fauna, as well as their habitats, against detrimental impacts caused by human activities. In line with this policy objective, the Act allows for the establishment of a list of exempt native specimens, which are exempt from the export control provisions that apply to regulated native specimens. The explanatory statement for the legislative instrument F2005L00429 outlines an amendment to this list, adding specimens derived from fish or invertebrates taken in the East Coast Pearl Fishery in Queensland, subject to specific conditions, to facilitate their continued export until 20 January 2010. The decision to include these specimens on the list was made after considering the Australian Government’s Guidelines for the ecologically sustainable management of fisheries and taking into account public comments on the proposed listing.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2005L00429, pertains to the regulation of native specimens, particularly focusing on their export controls. The Act applies to specimens that are or are derived from fish or invertebrates, provided they are not species listed under Part 13 of the Act, and are taken within the East Coast Pearl Fishery, as defined under the Queensland Fisheries Regulations 1995, and in force under the Fisheries Act 1994. These specimens, once listed as exempt native specimens, are exempt from the export control provisions that apply to regulated native specimens. The Act applies to entities and individuals engaged in the lawful taking of these specimens within the specified fishery, allowing continued export of these specimens until 20 January 2010. The exemption is contingent upon the specimens being taken lawfully and adheres to the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. This legislative instrument, which is a legislative instrument for the purposes of the Legislative Instruments Act 2003, commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation (F2005L00429) pertain to the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999. Specifically, Section 303DB of the Act is invoked to establish a list of specimens that are exempt from export control provisions applicable to regulated native specimens. The new additions to this list include specimens from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken within the East Coast Pearl Fishery as defined by the Queensland Fisheries Regulations 1995 under the Fisheries Act 1994. These additions are subject to specific notations, including the requirement that the specimens or the fish or invertebrate from which they are derived were taken lawfully and are included on the list until 20 January 2010. The obligations and requirements imposed by this legislation are primarily concerned with ensuring that the specimens listed are taken in accordance with legal fishing practices and are valid for export until the specified date. By adding these specimens to the list of exempt native specimens, the legislation facilitates the continued export of these items for the next five years. The decision to include these specimens on the list was made in line with the Australian Government's Guidelines for the ecologically sustainable management of fisheries, which provide the criteria for assessing the ecological sustainability of the relevant fisheries management arrangements. Public consultation was conducted, and all received comments were considered in determining whether to list the specimens. In terms of potential breaches and the associated consequences, the legislation does not explicitly outline offences or penalties for non-compliance. However, any failure to adhere to the conditions of the listing, such as exporting specimens unlawfully or beyond the specified date, could potentially be addressed under other provisions of the Environment Protection and Biodiversity Conservation Act 1999. Such actions could result in enforcement actions, fines, or other penalties as prescribed by the Act. The instrument itself is a legislative instrument under the Legislative Instruments Act 2003 and came into effect the day after it was registered on the Federal Register of Legislative Instruments.