Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly in relation to the biodiversity of Australia and its ecosystems. The Act aims to manage and regulate activities that may have a significant impact on the environment. One of the ways in which the Act addresses these objectives is through the regulation of the trade of native specimens. This is achieved by establishing a list of exempt native specimens that are not subject to the trade control provisions applicable to regulated native specimens. In accordance with Section 303DC, the Act allows for amendments to the list of exempt native specimens. This process is intended to simplify the description of the specimens and to extend the export approval for the specimens until a specified date. The enacting body responsible for this legislative instrument is the Minister for the Environment, who consulted with relevant stakeholders, including the Queensland Department of Agriculture and Fisheries, conservation organisations, and peak fishing industry associations, before implementing the changes. The policy objective of this amendment is to streamline the regulatory framework for the trade of native specimens while ensuring that the ecological sustainability of the fisheries concerned is maintained.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) amendment pertains to the list of exempt native specimens by removing certain specimens from the list and adding others from specified fisheries managed by the Queensland Department of Agriculture and Fisheries. These fisheries include the Commercial Crayfish and Rocklobster Fishery, East Coast Pearl Fishery, East Coast Trochus Fishery, Eel Fishery, and Spanner Crab Fishery. This amendment aims to simplify the description of the specimens in the list and extend the export approval for these specimens until 28 August 2025. The inclusion of these specimens in the list is subject to conditions, such as being taken lawfully and in accordance with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.’ This legislative instrument applies to the persons or entities involved in the trade of the specified specimens and is effective within the Commonwealth jurisdiction, overseen by the Minister for the Environment. The amendment process involved consultations with relevant Queensland and other fisheries ministers, conservation organisations, and industry associations to ensure compliance with ecological sustainability criteria.

Key Provisions

The key operative sections of this legislation concern the amendment of the List of Exempt Native Specimens as outlined in Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DB establishes the list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. This legislative instrument modifies this list by removing certain specimens from the exempt list that are taken from five fisheries managed by the Queensland Department of Agriculture and Fisheries (Section 303DC(1)). Additionally, it adds these same specimens back into the list but with specific conditions: the specimens must have been taken lawfully, and their inclusion in the list is subject to these conditions until 28 August 2025 (Section 303DC(2)). The Act imposes several obligations and requirements on the parties involved. Firstly, it mandates that specimens derived from the five specified fisheries must be taken lawfully to be included in the exempt list. This requirement ensures that the specimens are obtained in compliance with applicable laws and regulations. Furthermore, the specimens are included in the list under the condition that they remain exempt until 28 August 2025. This timeframe provides a clear duration for the exemption, after which the specimens may no longer be exempt unless further amendments are made. The Act also requires consultation with relevant stakeholders, including other Commonwealth ministers, state and territory ministers, the Queensland Department of Agriculture and Fisheries, conservation organisations, and fishing industry associations, to ensure a comprehensive review and agreement on the proposed changes. Breaching the conditions outlined in this legislation can result in various consequences. While the specific penalties for non-compliance are not detailed in the provided text, it is implied that violations could lead to legal action under the EPBC Act. Such actions could include fines, imprisonment, or other penalties as prescribed by the Act. The inclusion of the specimens in the exempt list is contingent upon compliance with the stated conditions, and failure to adhere to these could result in the specimens no longer being exempt from trade control provisions. This strict adherence is crucial for maintaining the ecological sustainability and legal compliance of the fisheries involved.