Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and manage Australia's environment, including biodiversity, through a coordinated national approach. This Act empowers the federal government to control activities that may significantly impact the environment, particularly those involving endangered species and ecosystems. The EPBC Act is administered by the Australian Parliament, which established the Act to ensure the protection of the environment and biodiversity, aligning with the policy objective of ecologically sustainable development. The legislative instrument, F2015L01656, amends the List of Exempt Native Specimens under section 303DC of the EPBC Act, removing certain conditions for the continued export of fish and invertebrate specimens from the Queensland River and Inshore (Beam) Trawl Fishery until 19 February 2016. This change allows for the continued export of these specimens while ensuring they were taken lawfully, reflecting the government's commitment to managing fisheries sustainably as per the Guidelines for the Ecologically Sustainable Management of Fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment Instrument pertains to the regulation of the trade of native specimens, specifically targeting fish and invertebrate specimens taken from the Queensland River and Inshore (Beam) Trawl Fishery. This legislation applies to these specimens, ensuring they remain exempt from trade control provisions that apply to regulated native specimens, provided they are derived from species not listed under Part 13 of the EPBC Act. The instrument revokes existing conditions that were subject to the specimens being listed until 12 April 2006, and imposes new conditions that extend the exemption until 19 February 2016, contingent on the specimens being taken lawfully. This change allows for continued exportation of these specimens until the specified date. The instrument’s scope is national, applying across all jurisdictions in Australia, and is subject to consultation with relevant stakeholders, including the Queensland Department of Agriculture, Fisheries and Forestry. The Minister for the Environment’s decision to amend the list was made in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Key Provisions

The primary provisions of the legislation (Section 303DB and Section 303DC) establish a list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specimens listed are exempt from trade control provisions applicable to regulated native specimens. Specifically, the legislation revokes conditions previously imposed on specimens taken from the Queensland River and Inshore (Beam) Trawl Fishery, such as fish or invertebrate specimens not listed under Part 13 of the EPBC Act. The new conditions stipulate that the specimens must be taken lawfully and remain on the list until 19 February 2016. This amendment effectively extends the export window for these specimens. The obligations and requirements imposed by the Act on the parties or entities it governs include ensuring that any specimens taken from the specified fishery are included in the list of exempt native specimens provided they meet the criteria of being lawfully taken and are not listed under Part 13 of the EPBC Act. The Act mandates that the Minister for the Environment must consult with relevant ministers and stakeholders before amending the list, as outlined in Section 303DC(3) of the EPBC Act. In this case, the consultation was conducted with the Queensland Department of Agriculture, Fisheries and Forestry, which has management responsibilities for the fishery. The Act does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches. However, any failure to comply with the conditions of lawful taking or other stipulations could potentially lead to legal consequences under the broader provisions of the EPBC Act, which includes fines and other penalties as determined by the relevant authorities. The overarching framework of the EPBC Act provides the basis for enforcement and compliance, ensuring the ecological sustainability of the fishery and the biodiversity conservation objectives.