Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to provide for the protection of the environment, including biodiversity, and to manage the impact of Commonwealth activities on the environment. This legislation aims to address the gap in conservation efforts by providing a framework for the protection of the environment, including the regulation of activities that may have a significant impact on the environment. In accordance with Section 303DC of the EPBC Act, this legislative instrument amends the List of Exempt Native Specimens, which exempts certain specimens from the trade control provisions applicable to regulated native specimens. The purpose of this amendment is to revoke the conditions previously imposed on specimens derived from fish or invertebrates, other than those listed under Part 13 of the Act, taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery. This change allows for the continued export of these specimens until 16 February 2017, subject to the condition that the specimens were taken lawfully. The policy objective is to ensure that the management of fisheries is ecologically sustainable, as outlined in the Australian Government's 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition'.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens pertains to the regulation of native specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery. This legislative instrument primarily affects entities and individuals involved in the legal trade of these specimens, particularly those engaged in the export of such specimens. The amendment revokes existing conditions on the inclusion of these specimens in the list of exempt native specimens, which were previously subject to specific conditions, and imposes new conditions that extend the exemption until 16 February 2017. These new conditions require that the specimens, or the fish or invertebrates from which they are derived, were taken lawfully. The instrument applies nationally, in line with the EPBC Act's jurisdiction, and is intended to ensure continued export of these specimens while adhering to ecological sustainability guidelines. The amendment does not introduce any new rights or freedoms and is compatible with human rights as recognised in relevant international instruments.

Key Provisions

The key operative sections of the Environment Protection and Biodiversity Conservation Act 1999 Amendment are found in sections 303DB and 303DC. Section 303DB establishes the list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. Section 303DC allows for the amendment of this list, which is the focus of this legislative instrument. This instrument revokes the conditions that were previously imposed on specimens derived from the Queensland Fin Fish (Stout Whiting) Trawl Fishery, taken lawfully, and exempt from the trade control provisions until 16 February 2017. This change extends the date of exemption for these specimens to ensure continued export of these specimens. The obligations imposed by this legislation are primarily on the entities involved in the trade of these specimens. Specifically, the specimens must be derived from fish or invertebrates taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery and must be taken lawfully. The Minister for the Environment must consult with relevant Commonwealth, state, and territory ministers, as well as other persons and organisations deemed appropriate, before amending the list of exempt native specimens. In this instance, the Delegate of the Minister for the Environment consulted with the Queensland Department of Agriculture and Fisheries due to their management responsibilities over the fishery concerned. The legislation does not explicitly outline specific offences, penalties, or civil or criminal consequences for breach. However, any unlawful trade of the specimens derived from the fishery would likely contravene the general provisions of the Environment Protection and Biodiversity Conservation Act 1999, which could lead to penalties under that Act. The relevant sections of the Act provide for both civil and criminal penalties, including fines and imprisonment, for breaches of the trade control provisions and other related offences. The exact penalties would depend on the nature and severity of the breach, as well as any relevant jurisdictional factors.