Overview

The Environment Protection and Biodiversity Conservation Amendment (Exempt Native Specimens) Instrument 2016 (F2016L01799) amends the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999. This legislative instrument addresses a gap in the regulation of native specimens derived from fish and invertebrates taken in the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery. By removing these specimens from the list of exempt native specimens, the instrument subjects them to the trade control provisions applicable to regulated native specimens, thereby enhancing conservation efforts and compliance with environmental protection standards. The amendment was enacted by the Delegate of the Minister for the Environment and Energy, who consulted with relevant Queensland authorities to ensure the changes align with local management regimes and objectives. The policy objective of the amendment is to strengthen the protection of native specimens by ensuring they are subject to appropriate trade controls.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the list of exempt native specimens, as outlined in F2016L01799, modifies the list of native specimens exempt from trade control provisions. Specifically, it removes certain specimens derived from fish or invertebrates taken in the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery from the exempt list, except those belonging to species listed under Part 13 of the EPBC Act. This Act applies to persons and entities engaged in the trade of native specimens within the Commonwealth, states, and territories of Australia, thereby extending its jurisdictional reach across the nation. However, it does not apply to specimens already listed under Part 13 of the EPBC Act. The Minister for the Environment and Energy is mandated to consult with relevant state and territory ministers and other appropriate stakeholders before amending the list, ensuring a coordinated approach to environmental conservation and management. The instrument came into effect immediately after its registration on the Federal Register of Legislation.

Key Provisions

The key provisions of this legislative instrument are contained in Section 303DC(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This section provides for the establishment of a list of exempt native specimens. The instrument specifically amends this list by removing certain specimens derived from fish or invertebrates, excluding those species already listed under Part 13 of the EPBC Act, that were taken in the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery. The amendments reflect the definitions and management regimes outlined in the Queensland Fisheries Regulation 1995 and the Fisheries Regulation 2008. The removal of these specimens from the list of exempt native specimens means they will now be subject to the trade control provisions that apply to regulated native specimens under the EPBC Act. The Act imposes specific obligations on the parties or entities it governs. The Minister for the Environment and Energy, before amending the list of exempt native specimens, must consult with other Commonwealth ministers, state ministers, and self-governing territories, as well as other persons and organisations as deemed appropriate. In this case, consultation was conducted with the Queensland Department of Agriculture and Fisheries due to their management responsibilities over the relevant fishery. Additionally, any changes to the list of exempt native specimens must adhere to the definitions and provisions of the Queensland Fisheries Regulation 1995 and the Fisheries Regulation 2008, ensuring consistency and compliance with existing regulatory frameworks. Failure to comply with the provisions of the EPBC Act, including amendments to the list of exempt native specimens, may result in various legal consequences. The Act includes provisions for both civil and criminal penalties for breaches. For example, engaging in the trade of specimens not appropriately listed under the Act could lead to fines and imprisonment. The specific maximum penalties can vary depending on the nature and severity of the breach, but they can include substantial fines and terms of imprisonment for individuals involved in illegal trade activities. The enforcement of these penalties is intended to protect biodiversity and ensure the sustainable management of native species within Australia.