Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly through the regulation of activities that have, or are likely to have, a significant impact on matters of national environmental significance. This legislation was introduced to address the need for a comprehensive framework that balances environmental protection with economic development and other national interests. The EPBC Act is administered by the Australian Parliament, with the objective of ensuring that environmental considerations are integrated into decision-making processes that affect the environment. This particular legislative instrument, F2015L00601, amends the list of exempt native specimens under the EPBC Act, specifically addressing specimens derived from the Southern Squid Jig Fishery, and is designed to facilitate continued export of these specimens until 29 April 2016, in accordance with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument pertains to the regulation of trade in native specimens, specifically those derived from fish or invertebrates taken in the Southern Squid Jig Fishery. This Act applies to the persons or entities involved in the trade of these specimens, ensuring that they comply with the established conditions. The geographic reach of this legislation is national, encompassing the entire Commonwealth of Australia, while also aligning with state and territory regulations where applicable. The instrument imposes specific conditions, including that the specimens must be lawfully taken and must be included in the list of exempt native specimens until 29 April 2016. The instrument revokes previous conditions that were subject to the specimens being taken in the Southern Squid Jig Fishery and adds new conditions that extend the exemption period. The Act allows for the continued export of these specimens under these conditions, reflecting the Australian Government’s guidelines for the ecologically sustainable management of fisheries. The legislative instrument is effective from the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The key provisions of this legislative instrument involve amendments to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) under section 303DB, which pertains to the list of exempt native specimens. The primary change is the revocation of existing conditions on specimens derived from fish or invertebrates, specifically those taken in the Southern Squid Jig Fishery. These specimens were previously subject to certain conditions, such as being taken lawfully, and being included in the list until 29 April 2016. The amendment extends the date of inclusion until 29 April 2021, thereby allowing continued export of these specimens without the need for trade controls that apply to regulated native specimens (sections 303DB and 303DC). Entities and individuals involved in the trade of these specimens must ensure that the specimens were taken lawfully and comply with the new date of inclusion in the list of exempt native specimens. This involves maintaining records and documentation to demonstrate compliance with the conditions outlined in the Act. Failure to meet these requirements may result in the specimens being subject to the trade controls that apply to regulated native specimens, potentially disrupting export activities. The Act imposes obligations on those involved in the trade of these specimens, requiring them to verify the legality of the specimens and ensure that they are not derived from species listed under Part 13 of the EPBC Act. Additionally, those involved must keep records and documentation to substantiate the compliance of the specimens with the new conditions imposed by the legislative instrument. Non-compliance with these obligations can result in legal repercussions, including potential fines or other penalties as stipulated in the Act. The Act also outlines potential offences and penalties for non-compliance. Breaches of the conditions under which the specimens are included in the list of exempt native specimens may result in civil or criminal consequences. The maximum penalties for such breaches can include fines and imprisonment, depending on the severity and intent of the breach. The specifics of these penalties are detailed in the relevant sections of the EPBC Act and may vary based on the circumstances of the offence.