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 biodiversity and environment. This Act, administered by the Australian Government, seeks to balance environmental protection with sustainable economic development. One of the mechanisms within the EPBC Act is the establishment of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. This legislative instrument, F2014L00999, was introduced to amend this list in accordance with Section 303DC of the EPBC Act, specifically to include certain specimens derived from fish or invertebrates taken in the Queensland Sea Cucumber Fishery (East Coast), subject to certain conditions and restrictions. The policy objective is to allow continued export of these specimens without requiring export permits, provided they meet the specified criteria and the fishery is covered by an approved wildlife trade operation declaration. The decision to amend the list was made after consultation with relevant stakeholders and public comment, ensuring that the changes are aligned 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 applies to specimens of fish or invertebrates taken in the Queensland Sea Cucumber Fishery (East Coast), provided they are not species listed under Part 13 of the Act. This amendment aims to exempt these specimens from the trade control provisions that apply to regulated native specimens, thereby facilitating their continued export without the need for export permits. The inclusion of these specimens in the list of exempt native specimens is contingent on their lawful acquisition and the coverage by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This legislative instrument operates on a Commonwealth level and is subject to consultation requirements outlined in the EPBC Act, including consultation with relevant state and territory ministers as well as public consultation. The amendment ensures that the ecological sustainability of the fishery is maintained in accordance with the Australian Government’s guidelines.

Key Provisions

The primary sections of this legislation, specifically Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish the framework for listing exempt native specimens. Section 303DB provides for the creation of a list of such specimens, which are exempt from the trade control provisions applicable to regulated native specimens. Section 303DC mandates that before amending the list, the Minister for the Environment must consult with appropriate Commonwealth ministers, state ministers, and other relevant persons or organisations. In this instance, the Delegate of the Minister for the Environment consulted with the Queensland Department of Agriculture, Fisheries and Forestry, which has management responsibilities for the fishery concerned. 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. All comments received were considered in the decision-making process. The Act imposes several obligations and requirements on the parties involved. Firstly, it mandates that any specimens taken from the Queensland Sea Cucumber Fishery (East Coast) must be lawfully obtained, and this is a prerequisite for their inclusion in the list of exempt native specimens. Secondly, the specimens must be covered by a declaration of an approved wildlife trade operation under Section 303FN of the EPBC Act. This ensures that the management and trade of these specimens comply with the regulations and guidelines set forth by the Act. Furthermore, the listing of these specimens allows for their continued export without the need for export permits, provided that the approved wildlife trade operation declaration remains in force. Breach of the provisions outlined in this legislation could lead to various legal consequences. While the specific offences and penalties are not detailed within the explanatory statement, the Act generally imposes civil and criminal penalties for non-compliance with its provisions. Violators could face fines, imprisonment, or both, depending on the severity and nature of the breach. For instance, unauthorised trade of regulated specimens could result in significant penalties, reflecting the importance of adhering to the ecological sustainability guidelines and trade regulations set by the EPBC Act. The precise penalties would be determined by the courts based on the specific circumstances of each case. This legislative instrument, as noted, does not engage any of the applicable rights or freedoms, and it is compatible with the human rights and freedoms recognised or declared in the international instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. It commenced on the day after it was registered on the Federal Register of Legislative Instruments, thereby becoming effective immediately upon registration. This ensures that the changes to the list of exempt native specimens are implemented without delay, facilitating the continued lawful trade of the specified specimens.