Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. One of the mechanisms provided by the Act is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The Act was introduced to address the need for comprehensive environmental protection and biodiversity conservation in Australia. In line with this objective, the 2015 legislative instrument amends the list of exempt native specimens, specifically removing certain specimens taken in the South Australian Marine Scalefish Fishery from the list. This amendment was made following consultation with relevant stakeholders, including the Department of Primary Industries and Regions South Australia, and public consultation, which did not elicit any comments. The legislative instrument was registered on the Federal Register of Legislative Instruments and commenced on the day after registration, ensuring no human rights issues were engaged or compromised.

Scope and Application

The Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act) applies to the regulation of activities that have, will have, or are likely to have a significant impact on matters of national environmental significance. This particular amendment concerns the list of exempt native specimens, modifying the list to exclude certain specimens taken in the South Australian Marine Scalefish Fishery. The exclusion pertains to specimens that are or are derived from fish or invertebrates, unless they belong to species listed under Part 13 of the EPBC Act. The amendment applies to the Commonwealth jurisdiction and impacts entities and individuals involved in the trade of such specimens. This legislative instrument is a response to consultations conducted by the Delegate of the Minister for the Environment with the Department of Primary Industries and Regions South Australia, and an open invitation for public comment, although none was received. The amendment is designed to tighten the regulation of certain marine species within the fishery, thereby ensuring compliance with national environmental standards and conservation efforts.

Key Provisions

The key operative sections of this legislation pertain to the amendment of the list of exempt native specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DC outlines the process for amending the list of exempt native specimens, which includes the consultation requirement for the Minister for the Environment as stipulated in subsection 303DC(3). The amendment in question results in the removal of certain specimens from the list of exempt native specimens. These specimens are those that are or are derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, and are taken in the South Australian Marine Scalefish Fishery. The Act imposes several obligations and requirements on the Minister for the Environment. Firstly, before making any amendments to the list of exempt native specimens, the Minister must consult with appropriate Commonwealth ministers, state ministers, and other relevant persons or organisations. In this instance, the Minister consulted with the Department of Primary Industries and Regions South Australia due to their management responsibilities over the relevant fishery. Furthermore, the proposal to amend the list was advertised on the Department of the Environment’s website, and interested parties were invited to provide feedback over a 21-business day period. This public consultation process is crucial to ensure transparency and inclusivity in the decision-making process. Regarding potential offences and penalties for breaches, the legislation itself does not explicitly state any criminal or civil penalties for non-compliance with the amendment of the list of exempt native specimens. However, any failure to adhere to the stipulated consultation process or other procedural requirements could potentially lead to legal challenges or administrative actions. The EPBC Act, in broader terms, includes provisions for enforcement and penalties for breaches related to the trade of native specimens, which could be applicable in related contexts. Nevertheless, specific penalties for the non-compliance with the amendment process are not detailed in this legislative instrument.