Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a significant piece of Australian legislation enacted to address environmental protection and biodiversity conservation issues. This Act was introduced to provide a framework for the protection of the environment, particularly focusing on the conservation of biodiversity. The EPBC Act empowers the Australian Government to manage activities that may have a significant impact on the environment, including the regulation of trade in native specimens. The Parliament of Australia enacted this Act to fill the gap in existing environmental legislation, ensuring comprehensive protection of Australia's unique flora and fauna. This legislative instrument, F2015L00283, amends the list of exempt native specimens under the EPBC Act. It revokes the conditions that were previously in place for specimens taken from the South Australian Giant Crab Fishery and the Victorian Giant Crab Fishery, extending their exemption from trade control provisions until 4 December 2015. This amendment aims to facilitate continued export of these specimens under specific conditions, ensuring that they are taken lawfully. The decision to include these specimens in the list of exempt native specimens was made considering the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, which guide the assessment of the ecological sustainability of fishery management arrangements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC primarily applies to specimens that are, or are derived from, fish or invertebrates taken in the South Australian Giant Crab Fishery and the Victorian Giant Crab Fishery, excluding those of species listed under Part 13 of the Act. This legislative instrument aims to exempt these specimens from the trade control provisions that apply to regulated native specimens, thereby facilitating their continued export. The exemption is conditional upon the specimens being taken lawfully and remains in effect until 4 December 2015. The Minister for the Environment has the authority to amend the list of exempt native specimens, and in doing so, must consult with relevant ministers and authorities, such as the Department of Primary Industries and Resources South Australia and the Victorian Department of Economic Development, Jobs, Transport and Resources, to ensure the ecological sustainability of the fisheries concerned. This legislative amendment is part of the broader framework established by the EPBC Act and is intended to align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Key Provisions

The main operative sections of the legislation, as outlined in the explanatory statement, revolve around Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. The current instrument amends this list by revoking the conditions that were previously applied to certain fish and invertebrate specimens taken in the South Australian Giant Crab Fishery and the Victorian Giant Crab Fishery, which were initially included in the list on 20 October 2004. It then imposes new conditions, namely that the specimens must have been taken lawfully and must remain in the list until 4 December 2015. The obligations and requirements imposed by the Act on the parties or entities it governs include ensuring that the specimens, or the fish or invertebrates from which they are derived, were taken lawfully. This means that any person or entity involved in the export or trade of these specimens must adhere to legal fishing practices and regulations. Additionally, the Act mandates consultation with relevant state and Commonwealth ministers and other appropriate persons or organisations before amending the list of exempt native specimens, as specified in Section 303DC(3) of the EPBC Act. In this case, the Delegate of the Minister for the Environment consulted with the Department of Primary Industries and Resources South Australia and the Victorian Department of Economic Development, Jobs, Transport and Resources, which have management responsibilities for the fisheries concerned. The legislation also outlines the consequences of non-compliance. While the explanatory statement does not specify any particular offences, penalties, or civil/criminal consequences for breach, it is implied that failure to comply with the legal requirements of taking specimens lawfully could lead to legal action. The Act itself, the EPBC Act, does provide for a range of penalties for breaches of its provisions, including substantial fines and imprisonment. However, these are not detailed specifically within the explanatory statement for this legislative instrument. The revocation and imposition of conditions on the list of exempt native specimens are intended to ensure that the trade and export of these specimens remain sustainable and ecologically responsible.