Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for the protection of the environment and biodiversity in Australia, ensuring the sustainable management of natural resources. In line with this objective, the Act provides for the establishment of a list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. In accordance with section 303DC of the EPBC Act, this legislative instrument aims to amend the list of exempt native specimens by revoking the conditions to which the inclusion of certain fish and invertebrate specimens, taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery, is subject. The instrument imposes new conditions, namely that the specimens must be taken lawfully and must be covered by an approved wildlife trade operation declaration. The decision to include these specimens in the list was made in consideration of the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. The Minister for the Environment and Energy consulted with relevant stakeholders before amending the list, and the proposal was advertised on the Department of the Environment and Energy’s website, inviting comments for a specified period. This legislative instrument is compatible with human rights and freedoms as recognised in international instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the management and conservation of Australia’s environment and biodiversity. This legislation applies to all persons and entities within Australia’s jurisdiction, including Commonwealth, state, and territory governments, as well as individuals and corporations. The Act covers a broad range of conduct and transactions that may impact the environment and biodiversity, with specific provisions targeting the trade and export of native specimens. The Act’s geographic reach is national, extending to all areas under Australian jurisdiction. Exemptions and thresholds are outlined within the Act, with certain species or taxa being specifically excluded from trade controls, such as those listed under Part 13 or Part 13A of the EPBC Act. The Act's application can be extended or restricted through subordinate instruments, such as the listing of specific specimens as exempt under certain conditions. This particular legislative instrument amends the list of exempt native specimens to facilitate continued export of certain fish and invertebrate specimens from the Queensland Fin Fish (Stout Whiting) Trawl Fishery without requiring export permits, provided they meet the specified conditions of lawful taking and coverage under an approved wildlife trade operation declaration.

Key Provisions

The main operative sections of this legislative instrument (Section 303DC) involve the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, it revokes the conditions that were previously applicable to specimens taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery, while imposing new conditions that such specimens must be taken lawfully and must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. These changes facilitate the continued export of these specimens without requiring export permits, provided the aforementioned conditions are met. The Act imposes certain obligations on the parties involved. Firstly, it requires that any specimens taken in the specified fishery must be derived lawfully, ensuring compliance with relevant fisheries regulations. Secondly, it mandates that these specimens be covered by a declaration from an approved wildlife trade operation as outlined in section 303FN of the EPBC Act. This ensures that the trade of these specimens is managed under the appropriate regulatory framework and adheres to ecological sustainability guidelines. Breach of the conditions stipulated in the amended list could result in legal consequences. Although the specific offences and penalties are not detailed within this legislative instrument, violations of the EPBC Act generally may lead to criminal or civil penalties. For example, unauthorised trade of native specimens can result in substantial fines and imprisonment under the Act. It is important to note that the maximum penalties for breaches of the EPBC Act can vary depending on the severity of the offence, with potential maximum fines and imprisonment terms outlined in other sections of the Act. In accordance with the legislative requirements, the Minister for the Environment and Energy undertook consultations with relevant stakeholders, including the Queensland Department of Agriculture and Fisheries, before making the amendments. Additionally, the proposal was advertised on the Department of the Environment and Energy’s website to invite comments from interested parties, although no comments were received in this instance. This process ensures transparency and stakeholder engagement in the legislative amendment process.