Overview

The Environment Protection and Biodiversity Conservation Amendment (List of Exempt Native Specimens) Instrument 2015 was enacted to refine the list of exempt native specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This amendment addresses the need to update the regulatory framework concerning the trade of native specimens, ensuring that certain specimens from Western Australian fisheries are appropriately managed. The instrument was developed by the Australian Government and was introduced to simplify the description of specimens in the list of exempt native specimens and to extend the export approval for these specimens until 30 May 2025. This extension was based on the assessment that the listed fisheries are low-risk and ecologically sustainable, as guided by the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.’ The policy objective is to balance ecological conservation with the sustainable management of fisheries resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment instrument pertains to the management of native specimens, specifically those taken from twenty fisheries overseen by the Western Australian Department of Fisheries. These specimens are subject to trade control provisions under the EPBC Act, which regulate the trade of native specimens. The instrument modifies the list of exempt native specimens by removing certain specimens from the list and adding others, contingent on the specimens being taken lawfully and their inclusion in the list being valid until 30 May 2025. This adjustment simplifies the description of the specimens in the list and extends the export approval period for these specimens, reflecting the fisheries' status as low risk according to the Australian Government’s guidelines for ecologically sustainable management. The instrument applies to all persons and entities involved in the trade of these specimens within the specified fisheries in Australia, and its reach is governed by the Commonwealth jurisdiction under the EPBC Act. The amendment follows consultation with relevant stakeholders, including Commonwealth, state and territory fisheries ministers, fisheries management agencies, conservation organisations, and fishing industry associations, ensuring a collaborative approach to the regulation of these fisheries.

Key Provisions

The primary operative sections of this legislation are Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB allows for the establishment of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. Section 303DC enables the Minister for the Environment to amend the list of exempt native specimens by adding or removing specimens. This particular legislative instrument (F2015L01287) amends the list of exempt native specimens by removing certain specimens that are taken in twenty fisheries managed by the Western Australian Department of Fisheries, and by adding other specimens from the same fisheries to the list. These changes are subject to specific conditions, namely that the specimens were taken lawfully and that they remain on the list until 30 May 2025. The obligations and requirements imposed by this legislation primarily pertain to the management and regulation of fisheries within Western Australia. The Western Australian Department of Fisheries must ensure that any specimens taken from the twenty specified fisheries comply with the conditions outlined in the legislation, specifically that they were taken lawfully. The specimens are subject to these conditions until 30 May 2025, after which they will need to be reassessed or potentially removed from the list of exempt native specimens. Additionally, the Minister for the Environment must consult with relevant state and territory ministers and other stakeholders before making amendments to the list, as mandated by Section 303DC(3) of the EPBC Act. This ensures a coordinated approach to the management of these fisheries. The legislation does not explicitly outline specific offences or penalties for breach of its provisions. However, breaches of the EPBC Act generally may result in criminal or civil penalties. For example, under Section 484 of the EPBC Act, a person who contravenes a provision of the Act can be fined up to $66,000 for a corporation and $13,200 for an individual, or both. Additionally, any illegal trade of native specimens could result in penalties under the Customs Act 1901, which may include fines and imprisonment. The exact penalties would depend on the specific nature and severity of the breach. In conclusion, the legislation in question modifies the list of exempt native specimens under the EPBC Act by removing certain specimens taken from twenty fisheries managed by the Western Australian Department of Fisheries and adding others, subject to specific conditions. The Western Australian Department of Fisheries and other stakeholders are required to ensure compliance with these conditions, and the Minister for the Environment must consult with relevant parties before making amendments to the list. While the specific penalties for breaches are not outlined in this legislation, general provisions under the EPBC Act and other related acts provide for fines and imprisonment for serious violations.