Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This Act aims to address the problem of biodiversity loss and the unsustainable exploitation of natural resources by regulating activities that may impact the environment. The legislative instrument in question amends the list of exempt native specimens under Section 303DB of the EPBC Act to reflect changes in the management of the Southern and Eastern Scalefish and Shark Fishery. The policy objective is to ensure that the trade of native specimens from this fishery is conducted in a sustainable and lawful manner, while still allowing for some flexibility in the management of these resources. The amendments require consultation with relevant authorities and stakeholders, as mandated by Subsection 303DC(3) of the EPBC Act, and the changes were publicly advertised to gather input from interested parties before finalising the amendments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities, including individuals, corporations, and government authorities, with a focus on the management and conservation of biodiversity and the protection of the environment. This particular amendment pertains specifically to the list of exempt native specimens, which is established under Section 303DB of the EPBC Act, and concerns the regulation of the trade of native specimens. The amendment removes certain fish and invertebrate specimens from the list of exempt native specimens, unless they belong to species listed under Part 13 of the EPBC Act (excluding those in the conservation dependent category) or taxa listed under section 303CA (Australia’s CITES list). These changes apply to the Southern and Eastern Scalefish and Shark Fishery as defined in the relevant fisheries management plans. The amendment imposes conditions on the inclusion of specimens in the list, such as the requirement that the specimens must be taken lawfully and that they must be part of an approved wildlife trade operation under Section 303FN of the EPBC Act. The amendment is applicable nationally and is subject to consultation with relevant authorities and stakeholders, as mandated by the EPBC Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended through legislative instrument F2016L00138 to adjust the list of exempt native specimens. Section 303DB of the EPBC Act establishes a list of native specimens that are exempt from trade control provisions applicable to regulated native specimens. The amendment deletes certain fish and invertebrate specimens from this list, specifically those taken in the Southern and Eastern Scalefish and Shark Fishery, unless they belong to species listed under Part 13 of the EPBC Act (excluding those in the conservation dependent category) or taxa listed under section 303CA (Australia’s CITES list). Conversely, it adds other fish and invertebrate specimens taken in the same fishery to the list of exempt specimens, provided they meet certain conditions. These conditions require that the specimens, or the fish or invertebrate from which they are derived, must have been taken lawfully and that the specimens are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act relating to the fishery. This amendment aims to ensure that the trade in these specimens is managed sustainably and complies with relevant environmental and biodiversity conservation standards. The obligations imposed by this legislative instrument on the parties involved, particularly those engaged in the trade of these specimens, include ensuring that any specimens traded are taken lawfully and are covered by a declaration from an approved wildlife trade operation. This declaration must comply with the provisions set out in section 303FN of the EPBC Act, which provides a framework for the approval of wildlife trade operations to ensure compliance with the Act’s objectives. Breaches of the provisions set out in this legislative instrument may result in civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of the EPBC Act generally can result in substantial fines and, in some cases, imprisonment. The maximum penalties can vary depending on the specific provisions breached and the severity of the contravention. Given the environmental and conservation focus of the Act, penalties are often significant to deter non-compliance and ensure adherence to the conservation objectives of the legislation.