Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to address the need for a comprehensive approach to environmental protection and biodiversity conservation. This Act provides a framework for the protection of the environment, including the regulation of activities that may have a significant impact on the environment. The 2015 amendment to the list of exempt native specimens under the EPBC Act aims to facilitate the continued export of specimens derived from fish or invertebrates taken in the Western Australian Bech-de-mer Fishery, provided they meet certain conditions. Specifically, the amendment removes previous conditions on the exemption and imposes new conditions, including that the specimens must be taken lawfully and are included in the list until 26 August 2016. This change was made to align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management of the fishery remains ecologically sustainable. The Minister for the Environment consulted with relevant stakeholders, including the Department of Fisheries Western Australia, in accordance with the requirements of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as implemented by F2015L01323, pertains specifically to specimens of fish and invertebrates derived from the Western Australian Bech-de-mer Fishery. These specimens, excluding those belonging to species listed under Part 13 of the Act, are exempt from the trade control provisions that apply to regulated native specimens. The amendment revokes previous conditions that were in place since 7 September 2011 and imposes new conditions, effective until 26 August 2016, to allow continued export of these specimens. The inclusion of these specimens in the list of exempt native specimens was determined based on the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring the ecological sustainability of the fishery’s management arrangements. The Minister for the Environment consulted with the Department of Fisheries Western Australia, which has management responsibilities for the concerned fishery, before making this amendment. The legislative instrument came into effect the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the legislation (Section 303DC) provide for the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, it revokes the conditions on the inclusion of specimens derived from fish or invertebrates taken in the Western Australian Beche-de-mer Fishery in the list of exempt native specimens. This change allows for the continued export of these specimens until 26 August 2016, under the condition that they were taken lawfully. The amendment also imposes new conditions, such as the continued exemption from trade control provisions and the date until which the specimens remain exempt. The obligations and requirements imposed by this legislation on the parties and entities it governs include ensuring that any specimens derived from fish or invertebrates taken in the Western Australian Beche-de-mer Fishery are taken lawfully. This means adhering to the legal and regulatory frameworks governing the fishery, including any permits, licences, or other authorisations required for the collection and export of these specimens. Furthermore, the legislation requires that any entities involved in the trade of these specimens must comply with the conditions set out in the EPBC Act, including any reporting or monitoring requirements imposed by the relevant authorities. The legislation does not explicitly state any offences, penalties, or civil/criminal consequences for breach of its provisions. However, the EPBC Act generally provides for a range of penalties for breaches of its provisions, including fines and imprisonment. The maximum penalties for breaches of the EPBC Act depend on the specific offence and the circumstances of the breach. For example, the maximum penalty for contravening a prohibition on the trade of regulated native specimens is a fine of up to $375,000 or imprisonment for up to five years, or both. The legislation also provides for the imposition of administrative penalties, such as fines, for breaches of conditions imposed under the EPBC Act. In summary, the legislation amends the List of Exempt Native Specimens under the EPBC Act to allow for the continued export of specimens derived from fish or invertebrates taken in the Western Australian Beche-de-mer Fishery until 26 August 2016, subject to certain conditions. The obligations and requirements imposed by the legislation include ensuring that any specimens are taken lawfully and complying with any reporting or monitoring requirements imposed by the relevant authorities. The legislation does not explicitly state any penalties for breach of its provisions, but the EPBC Act generally provides for a range of penalties, including fines and imprisonment, for breaches of its provisions.