Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a pivotal piece of legislation enacted by the Commonwealth Parliament to protect and conserve Australia's biodiversity and heritage. This Act was introduced to address the need for a cohesive framework to manage the impacts of activities on the environment, particularly focusing on species and ecosystems of national and global significance. The EPBC Act plays a critical role in ensuring that trade in native species is conducted in an ecologically sustainable manner, thereby safeguarding Australia's rich biodiversity. The policy objective of the Act is to protect and conserve Australia’s unique environmental heritage, ensuring the sustainable use of natural resources and minimising environmental degradation. This legislative instrument, amending the List of Exempt Native Specimens, was designed to facilitate the continued export of certain fish and invertebrate specimens derived from the Coral Reef Fin Fish Fishery, while ensuring these activities remain within legal and sustainable parameters.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as detailed in F2016L00683, applies specifically to specimens derived from fish or invertebrates taken in the Coral Reef Fin Fish Fishery, excluding those from species listed under Part 13 of the Act. This legislative instrument revokes existing conditions attached to these specimens being listed as exempt native specimens and imposes new conditions, including the requirement that the specimens were taken lawfully and that they remain listed until 10 March 2017. This amendment ensures that the continued export of these specimens is permitted until the specified date. The instrument extends the date of the exemption, allowing the export of these specimens under certain conditions until 10 March 2017. The Minister for the Environment must consult with relevant ministers and authorities, including the Queensland Department of Agriculture and Fisheries, before making such amendments, as mandated by the Act. The instrument is a legislative instrument under the Legislation Act 2003 and commenced on the day after its registration on the Federal Register of Legislation.

Key Provisions

The primary operative sections of this legislation are Section 303DB and Section 303DC(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. Section 303DC(1)(a) allows for the amendment of this list, and in this instance, it is being used to revise the conditions under which certain specimens are exempt. Specifically, the legislation revokes existing conditions for specimens derived from fish or invertebrates taken in the Coral Reef Fin Fish Fishery, and it imposes new conditions that these specimens must be taken lawfully and remain in the list until 10 March 2017. The obligations imposed by this Act require that any specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, must be taken lawfully to be considered exempt. Furthermore, these specimens must be part of the list until the specified date of 10 March 2017. This ensures that trade in these specimens continues under the outlined conditions, subject to lawful taking and until the set expiration date. The decision to include these specimens in the list was influenced by the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition', which provides criteria for assessing the sustainability of fishery management arrangements. In terms of compliance, parties or entities involved in the trade of these specimens must ensure that their activities adhere to the conditions stipulated in the Act. This includes verifying the lawful capture of specimens and maintaining records to demonstrate compliance with the trade conditions until the specified date. The Minister for the Environment has also undertaken consultations with relevant authorities, such as the Queensland Department of Agriculture and Fisheries, to ensure the sustainability of the fishery management practices. The Act does not explicitly state offences, penalties, or consequences for breaches; however, any breach of the EPBC Act generally could lead to civil or criminal penalties. Under the EPBC Act, offences can include unauthorized trade in protected species, which may result in substantial fines and potential imprisonment. Specifically, under Section 474, the maximum penalty for a serious contravention of the Act can be up to $720,000 for a corporation and $72,000 for an individual, or imprisonment for up to five years, or both, for serious offences. Lesser offences may attract lower penalties. The precise consequences would depend on the nature and severity of the breach.