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, and to regulate the impact of Commonwealth activities on the environment. This legislation, through its various provisions, aims to balance environmental protection with economic development and other national interests. In particular, the EPBC Act aims to conserve Australia's native flora, fauna, and ecological communities by regulating the trade of native specimens, including the establishment of a list of exempt native specimens to streamline the export process for certain species. This legislative instrument amends the List of Exempt Native Specimens under Section 303DC(1)(a) of the EPBC Act, allowing for continued export approval of specimens from specific fisheries until specified dates. The policy objective is to ensure the ecological sustainability of fisheries management while facilitating necessary exports, as guided by the Australian Government's 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition'.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC(1)(a) modifies the conditions under which certain native specimens are included in the list of exempt native specimens, thereby exempting them from the trade control provisions that apply to regulated native specimens. This legislative instrument applies to specimens taken in specific fisheries managed by the Victorian Department of Economic Development, Jobs, Transport and Resources, the Northern Territory Department of Primary Industry and Fisheries, and the Australian Fisheries Management Authority. The fisheries involved are the Victorian Rock Lobster Fishery, the Northern Territory Demersal Fishery, and the Southern Bluefin Tuna Fishery, with the exemption set to expire on 2 September 2016, 31 March 2017, and 21 October 2016, respectively. This amendment ensures that the export of these specimens can continue to be approved until the specified dates, aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument also requires consultation with relevant state and territory ministers, as well as other persons and organisations deemed appropriate by the Minister for the Environment.

Key Provisions

The key operative sections of the legislation (F2016L01052) pertain to the amendment of the List of Exempt Native Specimens under section 303DC(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This amendment allows for the continued export approval of certain specimens until specified dates. These specimens are those taken from the Victorian Rock Lobster Fishery, the Northern Territory Demersal Fishery, and the Southern Bluefin Tuna Fishery, with the specified dates for inclusion being 2 September 2016, 31 March 2017, and 21 October 2016 respectively. This amendment ensures that these specimens are exempt from the trade control provisions that apply to regulated native specimens, provided they are taken in accordance with the fisheries managed by the relevant authorities. The obligations and requirements imposed by the Act on the parties or entities it governs are primarily focused on the continued export approval of the specified specimens until the dates mentioned. The Minister for the Environment must consult with appropriate Commonwealth ministers and ministers from states and territories that have management responsibilities over the fisheries involved. In this case, the Delegate of the Minister for the Environment consulted with the Victorian Department of Economic Development, Jobs, Transport and Resources, the Northern Territory Department of Primary Industry and Fisheries, and the Australian Fisheries Management Authority. This consultation is a necessary step before amending the list of exempt native specimens. Any breaches of the provisions outlined in the legislation could lead to various civil or criminal consequences, although specific penalties are not detailed in the explanatory statement. Generally, under the EPBC Act, penalties for breaches can include substantial fines, imprisonment, or both, depending on the severity and nature of the offence. The Act provides for significant penalties to ensure compliance with the regulations and to protect the ecological sustainability of the fisheries in question. The exact penalties would need to be referred to in the primary legislation or associated regulations.