Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act addresses the problem of unregulated trade in native specimens, which can threaten biodiversity and ecological sustainability. The EPBC Act allows for the establishment of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. The Act was enacted by the Parliament of Australia, with the policy objective of ensuring that biodiversity and ecological sustainability are maintained while allowing for certain regulated trade activities. In accordance with the provisions of the EPBC Act, this legislative instrument amends the list of exempt native specimens to remove certain conditions and impose new ones, thereby facilitating the continued export of specimens from the Torres Strait Tropical Rock Lobster Fishery without requiring export permits, provided that the specimens are lawfully taken and covered by a declaration of an approved wildlife trade operation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, as represented by the legislative instrument F2014L00517, applies to specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the Act, taken within the Torres Strait Tropical Rock Lobster Fishery. These specimens are exempt from the trade control provisions applicable to regulated native specimens. The amendment revokes prior conditions attached to the inclusion of these specimens on the exempt list, while imposing new conditions that the specimens must have been taken lawfully and must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery. This change facilitates the continued export of these specimens without requiring export permits, provided a declaration for the approved wildlife trade operation is in effect. The amendment is geographically focused on the Torres Strait Tropical Rock Lobster Fishery and operates under the jurisdiction of the Commonwealth, with consultation involving relevant authorities such as the Protected Zone Joint Authority and the Australian Fisheries Management Authority. The legislative instrument commenced on 10 May 2014 and does not engage any of the applicable rights or freedoms, nor does it raise any human rights issues.

Key Provisions

The main sections of this legislative instrument (sections 303DC and 303DB) pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC allows for the amendment of the list, while section 303DB details the conditions under which certain specimens are exempt from trade control provisions. This instrument revokes the conditions previously attached to the inclusion of fish and invertebrate specimens from the Torres Strait Tropical Rock Lobster Fishery in the list of exempt native specimens, and imposes new conditions that these specimens must be taken lawfully and be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The obligations and requirements imposed by this Act on the parties involved, particularly those engaged in the trade of these specimens, are that the specimens must have been taken in accordance with the law and must be part of an approved wildlife trade operation. This ensures that the specimens are part of a regulated and sustainable fishing practice. The Act also mandates consultation with relevant authorities, such as the Protected Zone Joint Authority and the Australian Fisheries Management Authority, before making any amendments to the list of exempt native specimens. Additionally, the proposal to amend the list was publicly advertised, inviting comments from interested parties, although no comments were received in this instance. The Act does not explicitly detail specific offences, penalties, or consequences for breaches related to this amendment. However, any unauthorised trade of native specimens that do not meet the criteria set out in the Act could potentially result in penalties under other sections of the EPBC Act, which could include fines or imprisonment. The seriousness of the penalty would depend on the specific nature and extent of the breach, but the maximum penalties under the EPBC Act can be significant, reflecting the importance of compliance with environmental protection laws. The legislative instrument's commencement on 10 May 2014 ensures that the new conditions are in effect immediately, allowing for the continued export of these specimens without the need for export permits, provided the aforementioned conditions are met.