Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the biodiversity, by addressing issues such as the conservation of native flora and fauna, and the sustainable use of natural resources. This Act aims to fill the gap in existing legislation by offering a comprehensive framework for environmental protection and biodiversity conservation at both national and international levels. The EPBC Act was enacted by the Parliament of Australia to establish a unified approach to the management and conservation of the environment, and it provides the legal basis for the Commonwealth to act in cases where environmental matters are of national or international significance. The policy objective of the Act is to ensure that the Commonwealth’s environmental responsibilities are exercised in a way that promotes the ecologically sustainable development of the nation. This legislative instrument amends the list of exempt native specimens under the EPBC Act by revoking the conditions attached to the inclusion of certain specimens derived from fish or invertebrates in the Victorian Eel Fishery. The amendment removes the existing conditions that were subject to the specimens being taken lawfully and included in the list until 1 May 2009, and instead imposes new conditions that allow the specimens to be included in the list until 17 April 2019. This change facilitates the continued export of these specimens until the new specified date. The decision to amend the list was made in consultation with relevant authorities and stakeholders, and it aligns with the Australian Government’s guidelines for the ecologically sustainable management of fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC primarily targets specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Victorian Eel Fishery. The amendment revokes the previous conditions under which these specimens were included in the list of exempt native specimens, which had been subject to specific conditions since 1 May 2009, and introduces new conditions. These new conditions include the requirement that the specimen, or the fish or invertebrate from which it is derived, must have been taken lawfully, and that the specimens remain in the list until 17 April 2019. This adjustment ensures continued exportation of these specimens until the specified date. The amendment process involved consultation with the Victorian Department of Environment and Primary Industries, as they hold management responsibilities for the relevant fishery, and a public comment period was also advertised on the Department of the Environment’s website, although no comments were received. This legislative instrument is compatible with human rights and freedoms as recognised in international instruments.

Key Provisions

The main operative sections of this legislation (F2014L00463) amend the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB of the EPBC Act establishes a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. This instrument specifically revokes the conditions for specimens derived from fish or invertebrates taken in the Victorian Eel Fishery, which were included in the list on 1 May 2009. It also imposes new conditions for these specimens, including that they must be taken lawfully and remain exempt until 17 April 2019. The changes allow continued export of these specimens until the specified date. The obligations and requirements imposed by the Act on the parties or entities it governs include ensuring that any specimens derived from fish or invertebrates taken in the Victorian Eel Fishery are taken lawfully. Additionally, the Act mandates that the Minister for the Environment consult with relevant Commonwealth ministers, state ministers, and other appropriate persons or organisations before amending the list of exempt native specimens. In this instance, the Delegate of the Minister for the Environment consulted with the Victorian Department of Environment and Primary Industries due to their management responsibilities over the fishery. The proposal to amend the list was also advertised on the Department of the Environment’s website, inviting comments from interested parties for a period of 21 business days, although no comments were received. The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the revocation and imposition of conditions for the specimens in the list of exempt native specimens are governed by the EPBC Act. Under the EPBC Act, breaches of its provisions could result in offences, with penalties including fines and imprisonment. For example, unauthorised trade in native specimens could lead to civil penalties of up to $222,200 for individuals and $1,111,000 for corporations, as well as criminal penalties. It is important to note that while this legislative instrument itself does not detail specific penalties, the overarching Act provides the framework within which any breaches would be addressed.