Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This Act, as amended by the legislative instrument F2017L00985, seeks to address a gap in the regulation of trade in native specimens by amending the List of Exempt Native Specimens. The instrument removes certain specimens from the list of exempt native specimens, while also adding others, subject to specific restrictions and conditions. These changes pertain to the Western Australian Octopus, Sea Cucumber, South Coast Crustacean, and South Coast Trawl Fisheries. The amendments were made in accordance with section 303DC(1)(a) of the EPBC Act and were introduced following consultations with relevant stakeholders, including the Western Australian Department of Primary Industries and Regional Development. The objective of these amendments is to align the regulatory framework with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’ and to ensure the sustainable management of fisheries in the specified areas.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment instrument, specifically F2017L00985, modifies the list of exempt native specimens under the Act, focusing on the trade of specimens from the Western Australian Octopus, Sea Cucumber (formerly Bech-de-mer), South Coast Crustacean, and South Coast Trawl Fisheries. This amendment exempts certain specimens from the trade control provisions applicable to regulated native specimens, subject to conditions outlined in Schedule 2. The instrument simplifies the description of these specimens within the list and extends the export approval for the aforementioned fisheries until specified dates, as detailed in Schedule 2. The amendment process required consultation with relevant Commonwealth and state ministers, including the Western Australian Department of Primary Industries and Regional Development, in alignment with the Australian Government’s guidelines for the ecologically sustainable management of fisheries. The legislative instrument applies across Australia, reflecting the national scope of the EPBC Act, and was registered and commenced on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the legislation concern 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 deletes certain specimens from the list of exempt native specimens taken in specified fisheries (Section 303DB) and adds others with specific conditions (Section 303DC). The deleted specimens are those taken in the Western Australian Octopus, Bech-de-mer, South Coast Crustacean, and South Coast Trawl Fisheries as specified in Schedule 1, while the added specimens are those taken in the same fisheries and are subject to the conditions outlined in Schedule 2. These changes are made to streamline the description of the specimens and to extend the export approval for these fisheries until the dates specified in Schedule 2. The Act imposes several obligations and requirements on the parties involved. Firstly, it mandates that any specimens deleted from the list of exempt native specimens are no longer exempt from the trade control provisions that apply to regulated native specimens. Conversely, any specimens added to the list are subject to the conditions and restrictions specified in Schedule 2. Additionally, the Act requires the Minister for the Environment and Energy to consult with relevant Commonwealth and state ministers, as well as other persons and organisations deemed appropriate, before making any amendments to the list (Section 303DC(3)). This consultation ensures that the changes are in line with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’ and other relevant criteria. There are potential civil and criminal consequences for non-compliance with the provisions of the Act. Although the explanatory statement does not specify maximum penalties, any breach of the trade control provisions could result in legal action. Entities or individuals found to be in violation of these provisions may face fines, imprisonment, or other penalties as prescribed by the EPBC Act or other applicable legislation. The precise nature and extent of these penalties would depend on the specific circumstances of the breach and the discretion of the courts or relevant authorities. In summary, the legislation amends the List of Exempt Native Specimens by removing and adding specific specimens taken in certain fisheries, subject to particular conditions. It imposes obligations on the Minister for the Environment and Energy to consult with relevant parties before making amendments and sets out the criteria for including specimens in the list. Breaches of the trade control provisions may result in civil or criminal penalties, although the exact penalties are not specified in the explanatory statement.