Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address significant environmental protection issues, including the conservation of biodiversity and the management of ecological impacts. This legislation, introduced by the Commonwealth Parliament, seeks to regulate activities that may have a substantial impact on the environment, including the trade of native specimens. One of the mechanisms through which the Act achieves this is by establishing a list of exempt native specimens under section 303DB, which exempts certain specimens from the trade control provisions applicable to regulated native specimens. An amendment to the list of exempt native specimens, specified in F2015L01778, was made to address the need for continued export of certain specimens from the Western Australian South Coast Crustacean Fishery until 11 November 2016. This amendment revoked previous conditions and imposed new ones, ensuring compliance with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries’. The policy objective behind these changes is to maintain the ecological sustainability of the fishery while facilitating lawful trade of the specimens until the specified date.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment, specifically addressing the List of Exempt Native Specimens, applies to specimens derived from fish or invertebrates taken within the Western Australian South Coast Crustacean Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. This legislative amendment revokes previous conditions imposed on the inclusion of these specimens in the exempt list, which had been subject to specific criteria until 11 November 2016. By doing so, the amendment facilitates the continued export of these specimens until the specified date, ensuring that only those taken lawfully are included in the list. This legislative action is confined to the geographical scope of the Western Australian South Coast Crustacean Fishery and operates within the jurisdictional reach of the Commonwealth, ensuring compliance with national environmental protection and biodiversity conservation standards. The amendment adheres to the Australian Government’s guidelines for ecologically sustainable management of fisheries, reflecting a commitment to environmental sustainability and responsible resource management.

Key Provisions

The main operative sections of this legislation (F2015L01778) involve the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DB establishes the list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This amendment revokes the existing conditions on the inclusion of certain specimens derived from fish or invertebrates taken in the Western Australian South Coast Crustacean Fishery and imposes new conditions on their inclusion in the list. The primary changes involve removing previous conditions and setting new conditions: the specimens must be taken lawfully and remain on the exempt list until 11 November 2016. The obligations and requirements imposed by this Act on the parties or entities it governs primarily revolve around ensuring that the specimens included in the list of exempt native specimens are taken lawfully and remain on the list until the specified date. The Act mandates that any specimens derived from fish or invertebrates taken in the Western Australian South Coast Crustacean Fishery must adhere to these conditions to qualify for exemption from the trade control provisions. This means that any person or entity involved in the trade or handling of these specimens must verify that the specimens meet the criteria set forth by the Act. Furthermore, this Act requires 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. In terms of consequences for breach, the Act does not explicitly detail offences, penalties, or civil/criminal consequences for failing to comply with its provisions. However, the overarching framework of the EPBC Act includes provisions for enforcement and penalties for non-compliance with its regulations. Generally, violations of the EPBC Act can lead to civil penalties, which can include fines, as well as criminal penalties in more severe cases. For instance, individuals or entities found to be in breach of the Act may face substantial fines, and in cases of serious or repeated non-compliance, criminal charges could be pursued, potentially leading to imprisonment. The exact penalties depend on the specific nature and severity of the breach, as well as the provisions of the broader EPBC Act.