Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly in relation to biodiversity conservation and the regulation of activities that may have a significant impact on the environment. This Act was introduced to address the need for comprehensive environmental protection mechanisms that integrate biodiversity conservation with other environmental considerations. The EPBC Act is administered by the Parliament of Australia, with the objective of ensuring that the conservation of biodiversity and the protection of the environment are integral parts of decision-making processes that may impact natural resources. This particular legislative instrument, F2014L01594, amends the list of exempt native specimens by removing certain specimens derived from the Western Tuna and Billfish Fishery from the list, thereby subjecting them to trade control provisions. The Minister for the Environment consulted with relevant authorities and stakeholders before making this amendment, ensuring that the decision aligns with the broader objectives of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and industries, including those involved in the trade of native specimens. Specifically, this legislation governs the trade of native specimens by establishing a list of exempt specimens under section 303DB, which are exempt from the trade control provisions that apply to regulated native specimens. This amendment to the list of exempt native specimens affects specimens derived from fish or invertebrates taken in the Western Tuna and Billfish Fishery, as defined in the Western Tuna and Billfish Fishery Management Plan 2005, unless these specimens belong to species listed under Part 13 of the EPBC Act. The jurisdictional reach of this amendment is national, extending to all Commonwealth waters and involving coordination with state and territory authorities through the consultation process mandated by subsection 303DC(3) of the EPBC Act. The Minister for the Environment consulted with relevant Commonwealth and state authorities, as well as inviting public comment, before making the decision to delete these fishery-derived specimens from the list of exempt native specimens. This legislative instrument, registered on the Federal Register of Legislative Instruments, commenced on the day following its registration and is subject to the requirements of the Legislative Instruments Act 2003.

Key Provisions

Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines the process for creating a list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. This amendment, made under subsection 303DC(3), specifically removes certain specimens from this list. The specimens affected are those derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, taken within the Western Tuna and Billfish Fishery, as defined in the Western Tuna and Billfish Fishery Management Plan 2005. This means that any specimens obtained from this fishery, other than those already regulated under Part 13, will no longer be exempt from the trade control provisions. The obligations imposed by this Act on the parties or entities it governs include ensuring compliance with the updated list of exempt native specimens. The Minister for the Environment must consult relevant ministers and authorities before making any amendments to the list, as required by subsection 303DC(3). In this case, the Australian Fisheries Management Authority was consulted because of its management responsibility over the fishery. Additionally, the proposal to amend the list was publicly advertised on the Department of the Environment’s website, inviting comments from interested parties for a period of 21 business days. These consultations and the public invitation for comments are intended to ensure transparency and inclusivity in the decision-making process. Failure to comply with the provisions of the EPBC Act regarding the trade control of native specimens can result in various legal consequences. While the Explanatory Statement does not detail specific offences or penalties, the broader EPBC Act outlines penalties for breaches. These can include fines and imprisonment, with the exact penalties depending on the nature and severity of the offence. The Act also provides for civil remedies, which may include compensation for any environmental harm caused by non-compliance. The specific maximum penalties are not detailed in this instrument but are set out in the main Act.