Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves to protect Australia's environment, heritage, and biodiversity by regulating activities that may have a significant impact. This Act was enacted to address the need for a comprehensive framework that integrates environmental protection with sustainable development. The Act provides for the establishment of a list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. The legislative instrument in question, F2016L00119, amends the list of exempt native specimens in accordance with Section 303DC of the EPBC Act. This amendment was enacted by the Delegate of the Minister for the Environment, following consultation with the Queensland Department of Agriculture and Fisheries and public notice. The objective of this amendment is to facilitate the continued export of certain fish and invertebrate specimens from the Queensland River and Inshore (Beam) Trawl Fishery, without the requirement for export permits, provided they are taken lawfully and covered by an approved wildlife trade operation declaration. This aligns with the Australian Government's guidelines for the ecologically sustainable management of fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens instrument modifies the regulatory framework concerning the trade of certain native specimens within Australia. This legislation specifically pertains to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken from the Queensland River and Inshore (Beam) Trawl Fishery. The Act exempts these specimens from the stringent trade control provisions applicable to regulated native specimens, provided they meet the criteria of being taken lawfully and being covered by a declaration under an approved wildlife trade operation. The exemption facilitates continued export without requiring export permits, contingent on the validity of the approved wildlife trade operation declaration. This amendment reflects the Australian Government’s guidelines for ecologically sustainable management of fisheries and follows a consultation process with relevant stakeholders, including the Queensland Department of Agriculture and Fisheries. The changes are effective from the day after the instrument's registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislation, as referenced in Section 303DC, involve the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, the instrument revokes the conditions previously applied to specimens taken from the Queensland River and Inshore (Beam) Trawl Fishery, which were subject to certain conditions since their inclusion on 12 April 2006. These specimens, which are or are derived from fish or invertebrates, are now subject to new conditions. First, the specimens must be taken lawfully. Second, they must be covered by a declaration of an approved wildlife trade operation under Section 303FN of the EPBC Act in relation to the fishery. The effect of these changes is to allow continued export of these specimens without requiring export permits, provided that the aforementioned conditions are met. The Act imposes several obligations and requirements on the parties involved. The specimens must be taken in compliance with applicable laws, ensuring they are harvested lawfully. Additionally, the specimens must be part of a declared approved wildlife trade operation, as per Section 303FN of the EPBC Act. This declaration is critical for the specimens to be included in the list of exempt native specimens and for exports to proceed without the need for export permits. The requirement for an approved wildlife trade operation declaration ensures that the trade of these specimens is conducted in a manner that aligns with the ecological sustainability criteria outlined in the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. The Act also outlines consequences for breaches of its provisions. Although specific offences and penalties are not detailed in the provided text, the general framework of the EPBC Act suggests that breaches could lead to both civil and criminal consequences. Civil penalties might include fines or other monetary penalties, while criminal penalties could involve imprisonment, depending on the severity of the breach. The exact penalties would be determined by the courts based on the specific circumstances of each case. It is also worth noting that the Minister for the Environment is required to consult with relevant ministers and authorities before making amendments to the list of exempt native specimens, ensuring a collaborative approach to ecological sustainability and trade regulation.