Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment, particularly biodiversity, and to provide a national framework for the protection of the environment from significant impacts. This Act was introduced by the Parliament of Australia with the policy objective of ensuring that the Commonwealth has the capacity to prevent significant damage to the environment from harmful activities. One of the mechanisms provided by the Act is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This legislative instrument amends the list of exempt native specimens in accordance with section 303DC of the EPBC Act, allowing for the continued export of certain specimens derived from fish or invertebrates taken in the Western Australian Abalone Managed Fishery until 12 September 2019, subject to specific conditions. The amendment process involved consultation with relevant authorities and public notification, ensuring transparency and adherence to the Act's requirements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, governed under F2014L01208, applies specifically to specimens that are or are derived from fish or invertebrates taken within the Western Australian Abalone Managed Fishery. These specimens are exempt from the trade control provisions applicable to regulated native specimens, provided they are not species listed under Part 13 of the EPBC Act. This exemption is subject to the condition that the specimens were taken lawfully and remain listed until 12 September 2019. The legislation ensures continued export of these specimens, aligning with the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.' The decision to include these specimens in the exempt list was made following consultations with relevant stakeholders, including the Department of Fisheries Western Australia, and public consultation via the Department of the Environment’s website. This legislative instrument is subject to the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The key operative sections of this legislation concern the amendment of the List of Exempt Native Specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DC). Specifically, it adds certain specimens taken from the Western Australian Abalone Managed Fishery to this list, provided they meet particular conditions (Section 303DC(3)). These specimens include those derived from fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act, and are included in the list until 12 September 2019. The inclusion of these specimens allows for their continued exportation until the specified date. The obligations imposed by this legislation include ensuring that the specimens are taken lawfully, which is a fundamental requirement for their inclusion in the list of exempt native specimens. Additionally, there is a requirement for the Minister for the Environment to consult with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, before making amendments to the list (Section 303DC(3)). In this instance, the Delegate of the Minister for the Environment consulted with the Department of Fisheries Western Australia, and the proposal was advertised on the Department of the Environment’s website to invite comments from interested parties. Any breaches of the conditions set for the inclusion of specimens in the list may result in the specimens no longer being exempt from the trade control provisions. This could lead to legal complications for those involved in the exportation of these specimens if they do not adhere to the specified conditions and restrictions. The legislation does not explicitly state any penalties for breach, but non-compliance could result in the enforcement of existing provisions under the EPBC Act, which may include fines or other legal actions. The maximum penalties for breaches of the EPBC Act can vary depending on the specific offence and circumstances, but they can be substantial.