Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance, and to establish a framework for the sustainable management of native species. This legislative instrument amends the list of exempt native specimens under the EPBC Act to adjust the conditions for the exemption of certain specimens derived from the Torres Strait Trochus Fishery. Specifically, it removes previous conditions and imposes new ones that require the specimens to be lawfully taken and included in the list until 26 August 2016. This change aims to ensure continued compliance with trade control provisions while supporting sustainable management practices as outlined in the Australian Government's 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition'. The amendment was made following appropriate consultation with relevant authorities, including the Australian Fisheries Management Authority.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as specified in F2015L01657, pertains to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, and taken within the Torres Strait Trochus Fishery. These specimens, included in the list of exempt native specimens, are exempt from trade control provisions applicable to regulated native specimens. The amendment revokes prior conditions attached to these specimens, while imposing new conditions: the specimens must be taken lawfully, and they are included in the list until 26 August 2016. This change extends the permissible export period for these specimens. The decision to include these specimens in the list of exempt native specimens was informed by the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. Before this amendment, the Minister for the Environment consulted with relevant stakeholders, including the Australian Fisheries Management Authority, to ensure compliance with the Act and sustainability guidelines.

Key Provisions

The main operative sections of this legislation, specifically sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish the framework for the list of exempt native specimens. Section 303DB provides for the creation of this list, which exempts certain specimens from trade control provisions that apply to regulated native specimens. Section 303DC allows for the amendment of this list, including the imposition of conditions on the inclusion of certain specimens. In this case, the legislation revokes previous conditions on specimens taken in the Torres Strait Trochus Fishery, establishing new conditions that these specimens must be taken lawfully and remain listed until 26 August 2016. This amendment facilitates the continued export of these specimens until the specified date. The Act imposes several obligations and requirements on parties involved with the specimens covered by this legislation. Firstly, any person or entity intending to export specimens taken in the Torres Strait Trochus Fishery must ensure that the specimens were taken lawfully. This means that they must comply with all relevant fishing regulations and obtain necessary permits or approvals. Secondly, the specimens must remain included in the list of exempt native specimens until 26 August 2016. This imposes a temporal limitation on their exempt status and necessitates adherence to the specified end date. The Act also requires the Minister for the Environment to consult with relevant Commonwealth and state ministers, as well as other persons and organisations deemed appropriate, before making amendments to the list. In this instance, consultation with the Australian Fisheries Management Authority was conducted due to their management responsibilities for the fishery. Breaching the conditions set out in this legislation can lead to various civil and criminal consequences. While the explanatory statement does not specify particular offences or penalties, general provisions within the EPBC Act and related regulations may apply. Violations of the trade control provisions could result in fines, imprisonment, or both, depending on the severity of the breach. The Act also allows for the seizure and forfeiture of specimens that are illegally traded or transported. Additionally, failure to comply with the lawful taking requirement could result in penalties under fisheries management laws, which may include fines or other sanctions. The specific penalties would depend on the jurisdictional regulations governing the fishery.