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. The Act seeks to address the problem of unregulated trade in native species that could threaten biodiversity and ecological sustainability. This legislative instrument, F2016L01959, was introduced to amend the list of exempt native specimens under the EPBC Act by revoking certain conditions and imposing new ones to ensure continued export of specimens derived from the Southern Bluefin Tuna Fishery until a specified date. The instrument was developed following consultations with relevant authorities and public comments, in line with the statutory requirements and the Australian Government's guidelines for ecologically sustainable management of fisheries. The policy objective is to maintain the ecological sustainability of the fishery while facilitating trade in accordance with the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens in accordance with Section 303DC(1)(a) applies specifically to specimens derived from fish or invertebrates, excluding those that belong to species listed under Part 13 of the EPBC Act, taken within the Southern Bluefin Tuna Fishery as defined in the Southern Bluefin Tuna Fishery Management Plan 1995 (as amended), in force under the Commonwealth Fisheries Management Act 1991. This amendment removes the previous conditions that restricted the exemption of these specimens from trade controls, thereby facilitating their export. Instead, it imposes new conditions requiring that the specimens be taken lawfully and must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This legislative instrument extends the date until which these specimens can be exported, specifically until 13 December 2019. The amendment follows the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’ and was made after consultation with the Australian Fisheries Management Authority and public consultation.

Key Provisions

Section 303DB(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines the process for establishing a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. This legislative instrument amends this list by removing certain conditions previously imposed on specimens taken from the Southern Bluefin Tuna Fishery. Specifically, it removes the requirement for these specimens to be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. Instead, it introduces a new condition that these specimens must be taken lawfully and must be covered by a declaration under section 303FN. This change extends the exemption for these specimens until 13 December 2019, facilitating their continued exportation. The Act imposes specific obligations on parties involved in the trade of these specimens. Firstly, it mandates that the specimens must be taken lawfully, which means they must comply with all relevant fishing regulations and laws. Secondly, the specimens must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This declaration ensures that the trade operations adhere to the necessary environmental and biodiversity conservation standards. These conditions are intended to ensure that the trade of these specimens does not negatively impact the ecological sustainability of the fishery. Failure to comply with the provisions of the EPBC Act can result in various civil and criminal consequences. Under the Act, breaches may be subject to enforcement actions by authorised officers, which can include fines and other penalties. The maximum penalties for contravening the Act can vary depending on the specific offence, but they can include substantial financial penalties and, in some cases, imprisonment. Additionally, non-compliance can lead to revocation of any approvals or permits issued under the Act, which would halt any further trade activities involving the specimens. The Minister for the Environment and Energy must consult with relevant ministers and stakeholders before making amendments to the list of exempt native specimens, as required by subsection 303DC(3) of the EPBC Act. In this instance, the Minister consulted with the Australian Fisheries Management Authority, which has management responsibilities for the Southern Bluefin Tuna Fishery. Furthermore, the proposal was advertised on the Department of the Environment and Energy’s website, inviting comments from interested parties for 20 business days. All comments received were considered in the final decision to include the specimens in the list of exempt native specimens. This process ensures that the amendment reflects a broad range of interests and considerations, including ecological sustainability and compliance with relevant management guidelines.