Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework to manage and conserve Australia’s biodiversity and natural heritage. The Act aims to achieve this by controlling activities that have, or are likely to have, a significant impact on the environment. The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, made in accordance with Section 303DC, updates the list of exempt native specimens to better align with current fishery management practices in Tasmania. This legislative instrument simplifies the description of specimens in the list and extends the export approval for certain specimens until 25 July 2026, recognising the low-risk nature of the specified fisheries as per the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument was developed following consultations with relevant Tasmanian departments, fisheries managers, and other stakeholders, ensuring a balanced approach to conservation and sustainable use of resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, F2016L01279, pertains to the regulation of trade of native specimens, specifically those taken from certain fisheries managed by the Tasmanian Department of Primary Industries, Parks, Water and Environment and the Tasmanian Inland Fisheries Service. This legislation applies to entities and individuals involved in the collection, trade, and export of these specimens, ensuring that they comply with the established restrictions and conditions. The Act is applicable on a national level, as it is a Commonwealth Act, and thus it has jurisdiction across Australia. The instrument modifies the list of exempt native specimens by removing some and adding others, subject to specific conditions such as lawful taking and compliance until 25 July 2026. This amendment aims to streamline the description of these specimens and extend the export approval for a specified period, based on the assessment of ecological sustainability by the Department of the Environment and Energy. The Act does not explicitly state exclusions or exemptions beyond the conditions imposed on the listed specimens, and its application may be further defined through subordinate instruments as necessary.

Key Provisions

The main operative sections of this legislative instrument (sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999) establish and amend the list of exempt native specimens. Section 303DB provides for the creation of the list, which exempts certain specimens from trade control provisions that apply to regulated native specimens. Section 303DC allows for amendments to this list, which is the focus of this instrument. Specifically, it deletes specimens from the list of exempt native specimens that are sourced from seven specified Tasmanian fisheries, while simultaneously adding them back to the list with specific conditions. These conditions include that the specimens must have been taken lawfully and that they are included in the list until 25 July 2026. The fisheries affected are the Abalone Fishery, Commercial Dive Fishery, Freshwater Eel Fishery, Gould’s Squid in the Scalefish Fishery, Native Oyster in the Shellfish Fishery, Rock Lobster Fishery, and Scallop Fishery. The obligations and requirements imposed by this Act on the parties or entities it governs primarily concern the management and lawful taking of specimens from the specified fisheries. The specimens included in the list of exempt native specimens must be taken in accordance with the relevant fisheries' management arrangements. This ensures that the ecological sustainability criteria, as outlined in the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition,’ are met. The Minister for the Environment and Energy is required to consult with relevant Commonwealth, state, and territory ministers, as well as other appropriate persons and organisations, before making amendments to the list. This involves notifying and seeking input from the Tasmanian Department of Primary Industries, Parks, Water and Environment and the Tasmanian Inland Fisheries Service, as well as engaging with conservation organisations, peak fishing industry associations, and the general public through a public submission process. There are no specific offences, penalties, or civil/criminal consequences detailed in this instrument for breaches of the conditions associated with the amended list of exempt native specimens. However, the overall framework under the Environment Protection and Biodiversity Conservation Act 1999 does provide for enforcement actions, including fines and imprisonment, for breaches related to the trade of native specimens. The exact penalties would depend on the nature and severity of the breach, as well as any relevant provisions within the broader Act. Given the focus of this legislative instrument on extending export approval for specimens from low-risk fisheries, the primary consequence of non-compliance would likely involve the revocation of the exemption status for the specimens, thereby subjecting them to the trade control provisions applicable to regulated native specimens.