Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted by the Parliament of Australia to provide for the protection of the environment, particularly in relation to biodiversity and heritage, and to establish mechanisms for the conservation of native species and ecosystems. This Act was introduced to address the need for a comprehensive framework that ensures the sustainable management and conservation of Australia's natural resources, filling a critical gap in environmental protection legislation. The Act aims to balance environmental protection with economic activities, thereby supporting the policy objective of ecologically sustainable development. The Act includes provisions for the regulation of activities that may harm the environment, including the establishment of a list of exempt native specimens to manage the export of native biological resources. The explanatory statement outlines amendments to this list, specifically adding certain fish and invertebrate specimens taken in the Western Tuna and Billfish Fishery to the list of exempt native specimens, subject to certain conditions and notations. These changes are made in accordance with the guidelines for the ecologically sustainable management of fisheries, ensuring that the ecological sustainability of the fisheries is maintained while allowing for the continued export of these specimens until 1 December 2009.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens applies to specimens of fish and invertebrates taken in the Western Tuna and Billfish Fishery, excluding those species listed under Part 13 of the Act. These specimens are exempt from the export control provisions that apply to regulated native specimens. The exemption is contingent on the specimens being taken lawfully and remains in effect until 1 December 2009. The amendment is issued under the authority of the Minister for the Environment and Heritage and is made in accordance with Section 303DC of the EPBC Act. The decision to list these specimens considers the Australian Government’s Guidelines for the ecologically sustainable management of fisheries, with public comment on the proposal taken into account. The specific details and assessments related to this amendment are available on the Department of the Environment and Heritage’s website. This legislative amendment ensures that the export of these fishery specimens continues under controlled conditions for a defined period.

Key Provisions

The key operative sections of this legislation, as detailed in the Explanatory Statement, pertain to the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, Section 303DB allows for the establishment of a list of exempt native specimens. Specimens on this list are exempt from the export control provisions that apply to regulated native specimens. This amendment adds certain specimens from the Western Tuna and Billfish Fishery to the list of exempt native specimens (Section 303DC). These specimens are exempt until 1 December 2009, provided they were taken lawfully and are not from species listed under Part 13 of the Act. The Act imposes several obligations on the parties involved. Firstly, it mandates that the specimens added to the list must be taken lawfully, ensuring compliance with applicable fishing regulations. Secondly, the Act requires adherence to the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. This ensures that the inclusion of specimens on the list aligns with broader ecological sustainability goals. Thirdly, public consultation was conducted, and all comments received were considered in the decision-making process, ensuring transparency and stakeholder engagement. The legislation outlines potential consequences for non-compliance. While the Explanatory Statement does not explicitly detail criminal or civil penalties for breach, it is implied that any unlawful taking or export of the listed specimens could result in legal consequences under the Act. Generally, breaches of the Environment Protection and Biodiversity Conservation Act 1999 may lead to penalties including fines and imprisonment. The maximum penalties vary depending on the specific breach, with potential fines reaching up to $66,000 for individuals and $330,000 for corporations, alongside or in addition to imprisonment terms. Furthermore, breaches may also attract civil penalties for damage caused to the environment, further underscoring the seriousness of non-compliance with the Act’s provisions.