Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment and biodiversity in Australia. It was introduced to address the need for a comprehensive legislative framework that safeguards Australia's environmental and biodiversity values. The Act was enacted by the Parliament of Australia and its policy objective includes the protection of the environment, including native flora and fauna, through regulation of activities that may impact on them. This particular legislative instrument amends the List of Exempt Native Specimens under Section 303DB of the EPBC Act. The instrument revokes previous conditions and imposes new conditions on the inclusion of specimens derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the Victorian Abalone Fishery. The amendment aims to allow continued export of these specimens until 15 June 2018, and was made in consultation with relevant stakeholders, including the Victorian Department of Environment and Primary Industries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment pertains to the management and regulation of native specimens, specifically fish and invertebrate specimens derived from the Victorian Abalone Fishery. This legislative instrument modifies the conditions under which certain specimens are exempt from the trade control provisions applicable to regulated native specimens, thereby allowing continued exportation of these specimens until 15 June 2018. The amendment revokes previous conditions and imposes new conditions that ensure the specimens were taken lawfully and are included in the list of exempt specimens until the specified date. The Act applies to the Minister for Sustainability, Environment, Water, Population and Communities and other relevant authorities involved in the management and regulation of the fishery. The amendment extends the exemption period for the export of these specimens, ensuring compliance with the Australian Government’s guidelines for ecologically sustainable management of fisheries.

Key Provisions

The primary operative sections of this legislative instrument are Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC allows for the amendment of this list by the Minister for Sustainability, Environment, Water, Population and Communities, who must consult with relevant state and Commonwealth ministers and stakeholders before making any amendments. This particular amendment revokes the conditions previously imposed on specimens derived from fish or invertebrates taken in the Victorian Abalone Fishery, other than those species listed under Part 13 of the EPBC Act. It imposes new conditions that the specimens must be taken lawfully and be included in the list until 15 June 2018. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily concerned with the lawful taking of specimens and their inclusion in the list of exempt native specimens. The Minister for Sustainability, Environment, Water, Population and Communities is required to consult with relevant stakeholders before making any amendments to the list. In this instance, the Delegate of the Minister consulted with the Victorian Department of Environment and Primary Industries, given their management responsibilities for the fishery. The Act also mandates that any proposal to amend the list be advertised on the Department's website, inviting comment from interested parties for a specified period. In this case, no comments were received. Regarding offences, penalties, or civil/criminal consequences for breach, the legislative instrument itself does not explicitly state any penalties for non-compliance with the new conditions imposed on the specimens. However, the EPBC Act, in general, provides for civil and criminal penalties for breaches of its provisions. These can include fines and imprisonment for individuals, and fines for corporations, depending on the severity and nature of the breach. The specific penalties would be determined by the courts, taking into account the circumstances of each case. It is essential for parties and entities governed by this Act to ensure compliance with the lawful taking of specimens and adherence to the conditions imposed to avoid potential legal repercussions.