Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Australian Parliament to provide for the protection of the environment, particularly biodiversity, and to regulate activities that have a significant impact on the environment. The Act aims to conserve and protect Australia’s native flora, fauna, and ecological communities, and to manage the trade of native specimens to prevent illegal activities and ensure sustainable practices. This legislative instrument amends the list of exempt native specimens under section 303DB of the Act, allowing for the inclusion of certain fish and invertebrate specimens taken in the Torres Strait Bêche-de-mer Fishery. This amendment facilitates the continued export of these specimens without requiring export permits, provided that the relevant wildlife trade operation declaration is in force and the fishery adheres to its conditions. Public consultation was undertaken, and the inclusion of these specimens was subject to review based on the comments received.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities that may impact the environment and biodiversity, with the Act's provisions extending across the Commonwealth of Australia. Specifically, this legislative instrument amends the List of Exempt Native Specimens under section 303DC of the EPBC Act, affecting entities involved in the fishing industry, particularly those operating within the Torres Strait Bêche-de-mer Fishery. The amendment allows for certain fish and invertebrate specimens taken in this fishery to be exempt from the trade control provisions applicable to regulated native specimens, provided they meet specific criteria. These criteria include the lawful taking of the specimens and the operation of the fishery in accordance with an approved Wildlife Trade Operation declaration under section 303FN of the Act. The exemption is contingent on the continued validity of the declaration, and if the WTO is revoked or expires, the specimens will no longer be exempt from the trade control provisions. This legislative instrument, once registered, commenced on the day following its registration on the Federal Register of Legislative Instruments, and reflects consultation with relevant Ministers and public comment.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) includes a provision, under Section 303DB, for the establishment of a list of exempt native specimens. These specimens are exempt from the trade control provisions that apply to regulated native specimens. The legislative instrument in question amends this list by adding specimens that are or derived from fish or invertebrates taken in the Torres Strait Bêche-de-mer Fishery, with certain conditions (Section 303DC). Specifically, these specimens must be taken lawfully and be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act. The obligations imposed by this legislation include ensuring that any specimens taken in the Torres Strait Bêche-de-mer Fishery are lawfully obtained and that they fall under the declaration of an approved Wildlife Trade Operation. This means that the fishery must operate in accordance with the conditions set out in its Wildlife Trade Operation declaration, and the declaration itself must be in force. If the Wildlife Trade Operation declaration expires or is revoked, the specimens will no longer be exempt from the trade control provisions, and export permits will be required. Failure to comply with the provisions of the Act can result in significant consequences. Under the Act, there are both civil and criminal penalties for breaches. For example, knowingly contravening a provision of the Act may result in a civil penalty of up to $66,000 for an individual or $330,000 for a body corporate, as stipulated under section 516 of the Act. Additionally, criminal penalties may apply, with maximum fines and imprisonment terms outlined in section 517 of the Act. It is crucial for parties involved in the Torres Strait Bêche-de-mer Fishery to adhere to these provisions to avoid such penalties.