Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a cohesive and effective framework to protect and conserve Australia's biodiversity, including native species and their habitats. This legislation was introduced by the Australian Parliament to provide a unified approach to environmental protection, aiming to prevent significant impacts on the environment and biodiversity. In accordance with Section 303DC of the EPBC Act, the list of exempt native specimens was amended to revise the conditions under which certain fish and invertebrate specimens from the Torres Strait Tropical Rock Lobster Fishery can be included in the list of exempt native specimens. This change was made to facilitate continued export of these specimens while ensuring they were taken lawfully, with the revised conditions set to remain in effect until 9 May 2014. The decision to amend the list was influenced by the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management arrangements of the relevant fishery met the criteria for ecological sustainability. The Minister for the Environment consulted with relevant authorities, including the Australian Fisheries Management Authority, before making the amendments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens applies to the trade and export of specimens derived from fish or invertebrates, specifically those taken in the Torres Strait Tropical Rock Lobster Fishery. This Act exempts these specimens from the trade control provisions that apply to regulated native specimens, provided they meet the conditions outlined in the legislation. The conditions require that the specimens, or the fish or invertebrates from which they are derived, were taken lawfully, and the exemption is valid until 9 May 2014. The Act's jurisdiction is national, operating under the Commonwealth of Australia, and it extends its application to all entities and persons involved in the trade of these specimens within and outside Australia. The exclusions include specimens belonging to species listed under Part 13 of the EPBC Act. The Act may also extend or restrict its application through subordinate instruments, although no specific extensions or restrictions are mentioned in the explanatory statement provided.

Key Provisions

The main operative sections of this legislation, specifically section 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), concern the establishment and management of a list of exempt native specimens. Section 303DB establishes the framework for including certain specimens in the list, which are then exempt from the trade control provisions applicable to regulated native specimens. Section 303DC allows for the amendment of this list, necessitating consultation with relevant ministers and authorities before changes are made. This legislative instrument imposes specific conditions on the specimens included in the list of exempt native specimens. According to the Act, these specimens must be fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, and must be taken in the Torres Strait Tropical Rock Lobster Fishery. The conditions further require that these specimens were taken lawfully and remain in the list of exempt native specimens until 9 May 2014. This ensures that these particular specimens can continue to be exported without the usual regulatory oversight until the specified date. In terms of obligations and requirements, the Act mandates that the Minister for the Environment consults with relevant ministers and authorities, such as the Australian Fisheries Management Authority, before making amendments to the list. This consultation is essential to ensure that the changes align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, which provide criteria for assessing the ecological sustainability of the fishery’s management arrangements. This reflects a commitment to environmentally sustainable practices within the legislative framework. The legislation does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, any failure to comply with the conditions or the regulatory framework governing the trade of these specimens could potentially lead to legal repercussions under the EPBC Act or other relevant environmental protection laws. Such breaches might result in enforcement actions, fines, or other penalties as determined by the relevant authorities, though specific penalties are not detailed within this particular legislative instrument.