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, and to facilitate the conservation of biodiversity. This Act addresses the need to regulate the trade and movement of native species in a manner that ensures environmental protection while also considering economic activities. In this context, the 2014 amendment to the list of exempt native specimens was introduced to refine the regulatory framework concerning the trade of native specimens. The amendment was necessitated by the need to exclude certain marine specimens from the list of exempt native specimens, thereby subjecting them to stricter trade controls. The amendment was enacted by the Minister for the Environment, in accordance with Section 303DC of the EPBC Act, following consultations with relevant stakeholders, including the Department of Primary Industries and Regions South Australia. The policy objective of this amendment was to ensure that the trade of certain marine specimens is appropriately regulated, thereby contributing to the conservation of biodiversity and the sustainable management of marine resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by this legislative instrument, pertains to the regulation of the trade and management of native specimens, specifically addressing the list of exempt native specimens under Section 303DB. This Act applies to any person or entity involved in the trade of native specimens, particularly within the South Australian Marine Scalefish Fishery. The legislative instrument excludes certain specimens that are or derive from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, from the list of exempt native specimens. It is noteworthy that the Minister for the Environment must consult with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, before making amendments to the list, as stipulated by Subsection 303DC(3) of the EPBC Act. The instrument's amendments came into effect on the day following its registration on the Federal Register of Legislative Instruments. This legislative amendment reflects a specific application to the South Australian Marine Scalefish Fishery and does not raise any human rights issues.

Key Provisions

The main operative sections of this legislation involve the amendment of the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This amendment specifically removes specimens that are or are derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, taken in the South Australian Marine Scalefish Fishery from the list of exempt specimens (section 303DC(3)). These specimens, once removed from the list, will no longer be exempt from the trade control provisions that apply to regulated native specimens. The obligations and requirements imposed by this Act on the parties or entities it governs primarily revolve around compliance with the trade control provisions for the affected specimens. This means that any person or entity dealing with fish or invertebrate specimens taken in the South Australian Marine Scalefish Fishery must now adhere to the regulations governing the trade of these specimens. This includes obtaining any necessary permits or approvals and ensuring that trade activities do not contravene the provisions of the EPBC Act. The Act also imposes a requirement on the Minister for the Environment to consult with relevant ministers and stakeholders before making amendments to the list of exempt native specimens. In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not specify particular penalties for non-compliance with the trade control provisions for these specimens. However, breaches of the EPBC Act generally may result in civil or criminal penalties, depending on the nature and severity of the breach. For example, civil penalties can include fines up to a maximum of $66,600 for individuals and $333,000 for corporations, as outlined in Section 528 of the Act. Criminal penalties can include imprisonment for up to five years, particularly for more serious offences such as engaging in activities that significantly harm the environment or protected species. These penalties underscore the importance of adhering to the trade control provisions and the potential consequences of non-compliance.