Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to regulate the trade of native specimens. The Act establishes a list of exempt native specimens under Section 303DB, which are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument, F2014L01562, amends the list of exempt native specimens by removing certain fish and invertebrate specimens taken in the Queensland Marine Aquarium Fish Fishery, unless they belong to species listed under Part 13 of the EPBC Act. The Minister for the Environment was required to consult with relevant stakeholders, including the Queensland Department of Agriculture, Fisheries and Forestry and the Great Barrier Reef Marine Park Authority, prior to amending the list. Additionally, the proposal was advertised on the Department of the Environment’s website to invite comments from interested parties, although none were received. This legislative instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Scope and Application

The amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) targets the list of exempt native specimens under Section 303DB, specifically excluding certain specimens from the trade control provisions applicable to regulated native specimens. This amendment deletes from the list of exempt specimens those derived from fish or invertebrates taken in the Queensland Marine Aquarium Fish Fishery, unless they belong to species listed under Part 13 of the EPBC Act. This change applies to the entire Commonwealth, aligning with the broader jurisdictional scope of the EPBC Act which governs the protection of the environment at a national level. Before making these amendments, the Minister for the Environment was required to consult with relevant Queensland authorities, including the Department of Agriculture, Fisheries and Forestry, and the Great Barrier Reef Marine Park Authority, due to their management roles over the fishery and the Great Barrier Reef Marine Park. Public consultation was also conducted by advertising the proposal on the Department of the Environment’s website, inviting comments for 22 business days, although no comments were received. The legislative instrument, once registered, commenced on the day following its registration on the Federal Register of Legislative Instruments, adhering to the Legislative Instruments Act 2003.

Key Provisions

The primary sections involved in this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are sections 303DB and 303DC. Section 303DB establishes the list of exempt native specimens which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC, on the other hand, allows the Minister for the Environment to amend this list, subject to consultation with relevant parties as stipulated. This particular legislative instrument removes certain specimens from the list of exempt native specimens. Specifically, it excludes specimens that are or are derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, taken in the Queensland Marine Aquarium Fish Fishery as defined under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulations 2008. The obligations imposed by this Act on the relevant parties include the requirement for the Minister for the Environment to consult with appropriate stakeholders before making amendments to the list of exempt native specimens. In this case, consultation was conducted with the Queensland Department of Agriculture, Fisheries and Forestry, which has management responsibilities for the fishery, and the Great Barrier Reef Marine Park Authority, as the fishery operates within the Great Barrier Reef Marine Park. Additionally, the proposal to amend the list was advertised on the Department of the Environment’s website, inviting comments from interested parties for a period of 22 business days. The lack of any comments received signifies that the proposed changes were either uncontested or not of concern to the public at that time. Breach of the provisions of the EPBC Act, particularly those related to the trade control of native specimens, can lead to both civil and criminal consequences. Although the specific penalties are not detailed in this legislative instrument, breaches of the EPBC Act generally attract significant fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but the Act provides for substantial deterrents to ensure compliance. For instance, individuals or entities found guilty of illegal trade in native specimens may face fines of up to $222,222 and/or imprisonment for up to five years, as per the maximum penalties outlined in the Act. These stringent measures underscore the importance of adhering to the regulations designed to protect Australia’s biodiversity.