Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework for the protection of the environment, particularly biodiversity, from significant impacts. This Act provides a mechanism for the assessment and approval of activities that may affect matters of national environmental significance, including the trade of native specimens. The Act was introduced by the Parliament of Australia to provide a unified approach to environmental protection and biodiversity conservation across the country. The policy objective is to ensure that activities which may impact the environment are assessed and managed to prevent significant damage to biodiversity and ecological processes. This legislative instrument amends the List of Exempt Native Specimens in accordance with section 303DC of the EPBC Act, revoking certain conditions and imposing new ones to allow continued export of specified specimens without requiring export permits, while ensuring compliance with ecological sustainability criteria.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, according to Section 303DC, modifies the conditions under which certain specimens are exempt from trade control provisions. Specifically, it revokes previous conditions and imposes new ones for specimens derived from fish or invertebrates, excluding those species listed under Part 13 or section 303CA of the EPBC Act, taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery. These changes apply to specimens lawfully taken and covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The amendment allows for continued export of these specimens without the need for export permits, provided the relevant declaration is in force. The decision to amend the list was made after consulting with the Queensland Department of Agriculture, Fisheries and Forestry and considering public comments. This legislative instrument, which commenced on 14 September 2014, is compatible with human rights and freedoms as outlined in international instruments and does not infringe on any applicable rights or freedoms.

Key Provisions

The primary operative sections of this legislative instrument pertain to the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303DC and 303DB). This amendment specifically targets specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA. These specimens, if taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery as defined under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994, are to be included in the list of exempt native specimens. The amendment imposes conditions that the specimens must be taken lawfully and that they must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This allows for the continued export of these specimens without requiring export permits, provided that the approved wildlife trade operation declaration is in force. The obligations and requirements imposed by this Act on the parties or entities it governs are clear and specific. The specimens must be taken in accordance with lawful fishing practices as defined by the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994. Additionally, the specimens must be covered by a declaration from an approved wildlife trade operation under section 303FN of the EPBC Act, ensuring that the trade of these specimens is conducted in a manner that complies with environmental protection and biodiversity conservation standards. This ensures that the ecological sustainability of the fishery is maintained and that the trade of these specimens does not negatively impact the biodiversity of the region. In terms of offences, penalties, or civil and criminal consequences for breach, the Act does not explicitly detail specific penalties within the legislative instrument itself. However, under the EPBC Act, breaches of the trade control provisions can lead to significant civil and criminal penalties. These may include fines and imprisonment, with the maximum penalties varying depending on the nature and severity of the breach. For instance, under section 513 of the EPBC Act, individuals can face fines of up to $330,000 and imprisonment for up to five years for serious offences related to the trade of native specimens. Organisations can face even higher fines, reflecting the seriousness with which the Act treats breaches that impact environmental sustainability and biodiversity conservation.