Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. In an effort to manage the collection and trade of native specimens, the Act includes a list of exempt native specimens that are subject to specific conditions. In December 2012, the Minister for Sustainability, Environment, Water, Population and Communities, Tony Burke, amended the list of exempt native specimens under section 303DC of the EPBC Act by including the plant species Pandanus spiralis, commonly known as Screw pine. This amendment was made to address the need to balance the protection of endangered varieties while allowing for the collection of non-threatened species. The inclusion of Pandanus spiralis in the list is subject to conditions, specifically excluding the listed variety Pandanus spiralis var. flammeus and applying only to non-living, non-reproductively viable material. This legislative amendment aims to regulate the collection and trade of native specimens while ensuring the protection of endangered species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and activities throughout Australia, with the aim of protecting and conserving the nation's biodiversity and environmental heritage. This Act provides a framework for the Commonwealth government to intervene in matters concerning threatened species and ecological communities, national heritage places, and certain activities that have a significant impact on the environment. The amendment to the list of exempt native specimens under section 303DB of the Act, which includes the plant species Pandanus spiralis (Screw pine), specifies that the exemption applies to non-living, non-reproductively viable material of this species, excluding the endangered variety Pandanus spiralis var. flammeus (Edgar Plains Pandanus). This amendment extends the application of the EPBC Act by modifying the list of specimens that are exempt from certain provisions of the Act, thereby providing more precise regulation of activities involving these native species. The amendment's effect is limited geographically to Australia and operates under the jurisdictional reach of the Commonwealth government, ensuring consistent application across all states and territories.

Key Provisions

The primary operative section of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) concerns the addition of Pandanus spiralis, commonly known as Screw pine, to the list of exempt native specimens under section 303DB of the Act (subsection 303DC(1)). This addition is made with specific conditions: it excludes the EPBC listed variety, Pandanus spiralis var. flammeus (Edgar Plains Pandanus), and applies only to non-living, non-reproductively viable material of the species. The amendment becomes effective one day after its registration. Entities and individuals governed by the EPBC Act must adhere to these conditions when dealing with Pandanus spiralis. This means that any non-living, non-reproductively viable material of Pandanus spiralis can be handled without requiring a permit under the EPBC Act, provided it does not include the listed variety Pandanus spiralis var. flammeus. This provision is intended to facilitate easier management and trade of the specified plant material while still protecting endangered or culturally significant varieties. Violation of the conditions set forth in the amendment can lead to various legal consequences. The EPBC Act includes provisions for offences related to non-compliance with the Act, which can result in both civil and criminal penalties. For example, unauthorised dealing with listed native specimens can attract fines and, in more severe cases, imprisonment. The maximum penalties can vary depending on the nature and extent of the breach, with significant fines and imprisonment terms for serious or repeated offences. The specifics of the penalties are detailed in other sections of the EPBC Act, but the overarching intent is to enforce strict compliance to protect biodiversity and native species.