Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation, providing a framework for the protection of the environment and the sustainable use of natural resources. This legislation was introduced to fill a gap in the regulation of trade and movement of native specimens, ensuring that these activities do not harm the environment or biodiversity. The Act was passed by the Parliament of Australia and aims to achieve ecologically sustainable development through the protection of the environment. The legislative instrument in question pertains to the amendment of the list of exempt native specimens under Section 303DB of the EPBC Act. This amendment aims to facilitate the continued export of certain fish and invertebrate specimens from the Western Australian West Coast Rock Lobster Managed Fishery without the need for export permits, provided that these specimens are taken lawfully and are covered by a declaration of an approved wildlife trade operation. The policy objective is to maintain the ecological sustainability of fisheries while streamlining trade processes. The Delegate of the Minister for the Environment consulted with relevant stakeholders, including the Western Australian Department of Fisheries, and sought public comment on the proposed amendment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens pertains to the trade of native specimens, particularly fish and invertebrate specimens derived from the Western Australian West Coast Rock Lobster Managed Fishery, as defined in the Western Australian West Coast Rock Lobster Managed Fishery Management Plan 2012. These specimens are exempt from the trade control provisions applicable to regulated native specimens. The amendment removes prior conditions on the exemption, requiring instead that the specimens be taken lawfully and covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This adjustment facilitates the continued export of these specimens without necessitating export permits, provided an approved wildlife trade operation declaration for the fishery is in effect. The decision to amend the list was made in consultation with the Western Australian Department of Fisheries and following a public comment period, during which no comments were received. This legislative instrument, as per the Legislative Instruments Act 2003, does not raise any human rights issues.

Key Provisions

The primary operative sections of this legislation, as outlined in the Explanatory Statement, are Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC allows for amendments to this list, requiring consultation with relevant ministers and authorities, and the opportunity for public comment. Specifically, this instrument amends the list by revoking conditions on specimens from the Western Australian West Coast Rock Lobster Managed Fishery, making them exempt from trade control provisions provided they are taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, specimens that are or are derived from fish or invertebrates taken in the specified fishery must be taken lawfully, meaning they must comply with all applicable laws and regulations governing the fishery. Secondly, these specimens must be covered by a declaration of an approved wildlife trade operation. This requirement ensures that the trade in these specimens is managed in an ecologically sustainable manner and that it complies with relevant biodiversity conservation objectives. The declaration under section 303FN of the EPBC Act serves as a mechanism to ensure that the trade in these specimens is conducted in a way that is consistent with the goals of the Act. Breaches of the requirements set out in this legislation can lead to various civil or criminal consequences. Although specific penalties are not detailed in the Explanatory Statement, violations of the EPBC Act generally can result in significant fines and potential imprisonment. The maximum penalties for breaches can vary depending on the nature and severity of the offence, with potential penalties outlined in other sections of the EPBC Act. For instance, under Section 517 of the EPBC Act, a person can be fined up to $222,200 for a corporation, or up to $44,440 for an individual, and/or imprisonment for up to five years for serious or repeated breaches. The specific consequences would depend on the nature and extent of the non-compliance, and the courts would consider these factors when determining penalties.