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. This legislation was introduced to address the need for comprehensive environmental protection and biodiversity conservation in Australia, aiming to ensure that significant environmental impacts are managed and mitigated. The Act is administered by the Commonwealth Government and seeks to align environmental protection with economic and social considerations, ensuring sustainable development. The specific legislative instrument F2014L01152 amends the list of exempt native specimens under the EPBC Act, removing certain fish and invertebrate specimens from the exemption list. This amendment was made after consultation with relevant authorities, including the Department of Primary Industries and Regions South Australia, to ensure that the changes align with existing fishery management regulations and do not undermine conservation objectives.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities, entities, and conduct that may impact the environment and biodiversity, with a particular focus on regulating the trade of native specimens. This legislative instrument specifically amends the list of exempt native specimens as outlined in Section 303DB of the EPBC Act. The amendment removes certain specimens, namely those that are or are derived from fish or invertebrates, taken in the South Australian Scallop and Turbo Fisheries, from the list of exempt native specimens, thereby subjecting them to the trade control provisions that apply to regulated native specimens. The jurisdictional reach of this legislative instrument is national, aligning with the overarching provisions of the EPBC Act. The amendment applies across Australia, impacting fisheries and their management, and it is particularly relevant to entities involved in the South Australian Scallop and Turbo Fisheries. The instrument does not explicitly state any exclusions or exemptions beyond the outlined specimens, but it does exclude specimens belonging to species listed under Part 13 of the EPBC Act. The legislative instrument extends its application through the inclusion of these specified specimens in the regulated category, thereby ensuring compliance with the trade control provisions for those affected by the changes.

Key Provisions

The main operative sections of this legislative instrument are Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. Section 303DC allows for the amendment of this list. The current amendment, as detailed in this instrument, removes certain fish and invertebrate specimens from the list of exempt native specimens. Specifically, it excludes specimens taken in the South Australian Scallop and Turbo Fisheries, unless they belong to species listed under Part 13 of the EPBC Act. This exclusion means that these specimens will now be subject to the trade control provisions that apply to regulated native specimens. The obligations imposed by this Act on the parties and entities it governs include the necessity to comply with the updated list of exempt native specimens. Any entities involved in the trade of fish or invertebrate specimens from the specified fisheries must now ensure that these specimens are not exempt from the trade control provisions. This means they must adhere to the regulations governing the trade of regulated native specimens, including obtaining necessary permits and adhering to specific conditions for trade. The Minister for the Environment is required to consult with relevant ministers and other stakeholders before making amendments to the list, ensuring that the changes are made with appropriate consideration of all relevant factors. The consequences for breaching the provisions of this Act are not explicitly detailed in the legislative instrument itself. However, under the general framework of the EPBC Act, breaches of trade control provisions can lead to both civil and criminal penalties. Civil penalties can include fines, with the exact amount depending on the severity and nature of the breach. Criminal penalties may also apply, which can result in imprisonment, particularly for more serious or repeated breaches. The maximum penalties would be determined based on the specific circumstances of the breach and the relevant sections of the EPBC Act that are contravened. It is important for entities to understand and comply with the amended regulations to avoid these potential penalties.