Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to address the need for a comprehensive approach to environmental protection and biodiversity conservation. One of the mechanisms provided by the Act is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This approach facilitates the management of native species within a regulated framework while allowing for certain exemptions under specific conditions. The Act aims to ensure that the ecological sustainability of fisheries and other natural resources is maintained while providing for their responsible use. This legislative instrument, F2016L00172, amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act to include Australian salmon (Arripis trutta) taken by the Richey Fishing Company in the Tasmanian Scalefish Fishery, subject to certain conditions, to facilitate the export of these specimens without the need for export permits while an approved wildlife trade operation declaration is in force. The decision to amend the list was made in consultation with relevant authorities and stakeholders, and with due consideration of 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 inclusion of Australian salmon (Arripis trutta) taken by the Richey Fishing Company in the Tasmanian Scalefish Fishery under the list of exempt native specimens. This inclusion exempts these specimens from the trade control provisions applicable to regulated native specimens. The instrument applies to the specific specimens taken by the Richey Fishing Company in accordance with the Tasmanian Fisheries (Scalefish) Rules 2015 and is subject to the conditions that the specimens were taken lawfully and are covered by a declaration of an approved wildlife trade operation. The amendment applies within the jurisdiction of the Commonwealth, and its implementation requires consultation with relevant state and territory ministers, as well as other relevant persons and organisations. This amendment facilitates the export of these specimens without the need for export permits, provided that an approved wildlife trade operation declaration for the fishery remains in force.

Key Provisions

The main operative sections of this legislation are Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the framework for a list of exempt native specimens, while Section 303DC outlines the process for amending this list. The current instrument amends the list by including Australian salmon (Arripis trutta) taken by the Richey Fishing Company in the Tasmanian Scalefish Fishery, subject to specific conditions (subsection 303DB). These conditions include the requirement that the specimens were taken lawfully and are covered by an approved wildlife trade operation declaration under Section 303FN of the EPBC Act (subsection 303DC(3)). The inclusion of these specimens in the list exempts them from trade control provisions, allowing for export without the need for export permits, provided the approved wildlife trade operation declaration is in force. The Act imposes several obligations and requirements on the parties and entities it governs. The Minister for the Environment, or their delegate, must consult with relevant ministers and stakeholders, such as the Tasmanian Department of Primary Industries, Parks, Water and Environment, before amending the list of exempt native specimens (subsection 303DC(3)). Additionally, any proposal to amend the list must be advertised on the Department of the Environment’s website, inviting comments from interested parties for a specified period (22 business days). All comments received are to be considered in the final decision. Furthermore, the Richey Fishing Company and any other entities involved in the harvesting and trade of Australian salmon must ensure compliance with the conditions set forth, including adherence to lawful practices and maintaining an approved wildlife trade operation declaration. Failure to comply with the provisions of the EPBC Act can result in various consequences, including both civil and criminal penalties. While the specific penalties are not detailed in the explanatory statement, breaches of the Act generally can lead to fines and, in more severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach. For instance, exporting specimens without the required permits or in violation of the listed conditions could result in substantial fines. In cases of deliberate or negligent breaches, criminal charges may be pursued, potentially leading to imprisonment terms as specified in the relevant sections of the EPBC Act. It is important for all parties involved to understand and adhere to the conditions and requirements to avoid these penalties.