Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to biodiversity and heritage, and to establish a framework for the assessment and approval of activities that may have a significant impact on the environment. This legislative instrument amends the list of exempt native specimens under Section 303DB of the EPBC Act, which exempts certain specimens from the trade control provisions that apply to regulated native specimens. The amendment removes certain fish and invertebrate specimens from the list of exempt native specimens, specifically those taken in the Queensland Gulf of Carpentaria Line Fishery, unless they belong to species listed under Part 13 of the Act. This change was made following consultation with relevant authorities and stakeholders, including Fisheries Queensland, and after a period of public comment. The instrument was registered on the Federal Register of Legislative Instruments, thereby commencing its legal effect.

Scope and Application

The amendment to the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 pertains to specimens of fish and invertebrates taken in the Queensland Gulf of Carpentaria Line Fishery, excluding those derived from species listed under Part 13 of the Act. This legislative instrument aims to modify the current list by removing these specific specimens, thereby subjecting them to the trade control provisions applicable to regulated native specimens. The amendment applies across the Commonwealth, affecting entities and individuals involved in the trade of these specimens. The consultation process involved Fisheries Queensland, which holds management responsibilities for the fishery, and the public was also invited to provide feedback through an advertisement on the Department of the Environment’s website. As no comments were received, the amendment was registered and commenced on the Federal Register of Legislative Instruments, formalising the change in the list of exempt native specimens.

Key Provisions

The primary sections of this legislative instrument (sections 303DB and 303DC) concern the amendment of the list of exempt native specimens as per the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB details the establishment of the list, which exempts certain native specimens from trade control provisions applicable to regulated specimens. Section 303DC outlines the process for amending this list, requiring the Minister for the Environment to consult relevant ministers and stakeholders before making any changes. In this instance, the Delegate of the Minister consulted with Fisheries Queensland, the body responsible for managing the affected fishery. The proposed changes were also advertised on the Department of the Environment's website, inviting public comment for 20 business days, although no comments were received. The Act imposes several obligations on the parties involved. Primarily, it requires the Minister for the Environment to consult with relevant ministers and stakeholders, including Fisheries Queensland, before amending the list of exempt native specimens. This consultation ensures that all parties with management responsibilities and interests in the fishery are informed and have an opportunity to provide input. Additionally, the Act mandates that any proposed changes to the list be advertised on the Department of the Environment’s website to invite public comment, ensuring transparency and public participation in the regulatory process. Breaches of the provisions outlined in the Act may lead to civil or criminal consequences, depending on the nature and severity of the infringement. However, the explanatory statement does not specify the exact penalties for non-compliance. Generally, under the EPBC Act, penalties for breaches can include fines, imprisonment, or both, depending on the offence. The specific penalties would be determined by the relevant courts and may vary based on the circumstances of the case. It is important to note that the absence of specific penalty details in the explanatory statement does not preclude the existence of penalties; rather, it highlights the need to refer to the broader provisions of the EPBC Act for detailed penalty information.