Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to biodiversity conservation and the regulation of activities that may have a significant impact on the environment. In this context, the EPBC Act Amendment of the List of Exempt Native Specimens in accordance with Section 303DC(1)(a) seeks to address the need for an updated list of specimens that are exempt from the trade control provisions for regulated native specimens. The amendment, introduced by the Australian Government, was made to align the list with the management arrangements of specific fisheries in Queensland and Victoria. This change was undertaken to ensure the sustainability of these fisheries and their compliance with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.' The instrument was developed after consultation with relevant state departments, ensuring their support and alignment with the policy objective of managing these fisheries sustainably.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC(1)(a) pertains to the management of the trade of native specimens, specifically those derived from certain fisheries in Queensland and Victoria. The Act applies to specimens taken from the Queensland Sea Cucumber Fishery (East Coast), the Queensland East Coast Spanish Mackerel Fishery, and the Victorian Scallop (Ocean) Fishery. These specimens are subject to specific exemptions and conditions, such as being taken lawfully and remaining exempt until certain specified dates. The Act extends to the entire Commonwealth of Australia and incorporates relevant State legislation from Queensland and Victoria. This legislative instrument also allows for the continuation of export approvals for these specimens until the dates mentioned in Schedule 2. Importantly, the instrument was developed in consultation with relevant state departments and aligns with the Australian Government's guidelines for ecologically sustainable management of fisheries.

Key Provisions

The main operative sections of this instrument (F2017L00916) amend the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB of the EPBC Act pertains to the establishment of the list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This amendment removes certain specimens from the list of exempt native specimens that are taken in the Queensland Sea Cucumber Fishery (East Coast), the Queensland East Coast Spanish Mackerel Fishery, and the Victorian Scallop (Ocean) Fishery, as specified in Schedule 1. Simultaneously, it includes these same specimens in the list of exempt native specimens, subject to specific conditions and restrictions that the specimens or the fish or invertebrates from which they are derived were taken lawfully, and that the specimens are included in the list until the dates specified in Schedule 2. The Act imposes several obligations and requirements on parties and entities governed by it. Firstly, the specimens included in the list must be taken lawfully, as per the conditions specified in Schedule 2. This requirement ensures that the management of these fisheries adheres to ecologically sustainable practices, as outlined in the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.’ Furthermore, the instrument mandates consultation with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, before amending the list. This ensures a collaborative approach to managing the ecological sustainability of these fisheries. Additionally, the instrument incorporates non-Commonwealth Acts and disallowable instruments by reference, which must be considered as in force from time to time. Breaching the conditions or failing to comply with the obligations and requirements imposed by this instrument can result in various consequences. While the explanatory statement does not specify explicit offences or penalties, non-compliance with the EPBC Act generally can lead to civil or criminal penalties. The EPBC Act provides for significant penalties, including fines of up to $1.1 million for individuals and up to $5.5 million for corporations, for breaches of the Act. Additionally, offences under the Act can result in imprisonment, with the severity of the penalty depending on the nature and extent of the breach. These penalties underscore the importance of adhering to the conditions and obligations set forth by the Act to ensure the sustainable management of the specified fisheries.