Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly by preventing significant impact from proposed actions. This Act was introduced to address the need for a comprehensive framework to protect native species and ecosystems from the adverse effects of human activities. The EPBC Act is administered by the Australian Government and includes mechanisms for the protection of native flora and fauna, as well as the regulation of international and interstate wildlife trade. The policy objective of this legislative amendment is to streamline the export process of certain fish and invertebrate specimens taken from the Queensland Marine Aquarium Fish Fishery, while ensuring that these activities comply with ecological sustainability criteria and legal requirements. This amendment was made in accordance with section 303DC of the EPBC Act, which mandates consultation with relevant stakeholders and public notification before altering the list of exempt native specimens.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as outlined in the F2014L01563 instrument, applies to specimens derived from fish or invertebrates taken in the Queensland Marine Aquarium Fish Fishery, subject to certain conditions. These specimens are exempt from the trade control provisions applicable to regulated native specimens, provided they are not listed under Part 13 of the EPBC Act or on Australia's CITES list. The exemption is contingent upon the specimens being lawfully taken and covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery. The amendment is geographically applicable to the Commonwealth and Queensland, reflecting the collaborative management regime under the Queensland Fisheries Act 1994 and Queensland Fisheries Regulations 2008. The instrument is subject to consultation with relevant Queensland authorities and was advertised on the Department of the Environment’s website, although no comments were received. This legislative instrument, which commenced on the day after its registration, serves to facilitate the export of these specimens without the need for export permits while the approved wildlife trade operation declaration is in force.

Key Provisions

The main operative sections of the legislation (sections 303DB and 303DC) establish the framework for the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB provides for the creation of this list, allowing certain specimens to be exempt from the trade control provisions that apply to regulated native specimens. Section 303DC outlines the process for amending this list. This legislative instrument includes specific specimens derived from fish or invertebrates, taken in the Queensland Marine Aquarium Fish Fishery, in the list of exempt native specimens. However, it excludes specimens from species listed under Part 13 of the EPBC Act and those listed under section 303CA (Australia's CITES list). Additionally, the inclusion of these specimens in the list is subject to certain conditions, such as the lawful taking of the specimen or the fish or invertebrate from which it is derived and the coverage by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery. The obligations imposed by the Act on parties or entities include ensuring that any specimens derived from fish or invertebrates taken in the Queensland Marine Aquarium Fish Fishery comply with the conditions for exemption, such as lawful taking and being covered by a declaration of an approved wildlife trade operation. The Act requires consultation with relevant stakeholders, including the Queensland Department of Agriculture, Fisheries and Forestry and the Great Barrier Reef Marine Park Authority, as well as public consultation. The proposal to amend the list was advertised on the Department of the Environment's website, inviting comments from interested parties for 22 business days, although no comments were received. Any breaches of the conditions for exemption could result in legal consequences. The Act does not explicitly state penalties for non-compliance, but generally, failure to adhere to the conditions for exemption could result in the specimens no longer qualifying for exemption, necessitating export permits. This could lead to civil or criminal penalties under the EPBC Act, which includes fines and imprisonment for serious offences. The exact penalties would depend on the specific breach and the discretion of the court.