Amendment of the List of Exempt Native Specimens - High Seas Fishery (23/09/2010) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly by regulating activities that may have a significant impact on the environment. One of the key mechanisms under the EPBC Act is the regulation of the trade of native specimens, distinguishing between regulated and exempt specimens. The legislation was introduced to address the need for comprehensive biodiversity conservation and management, ensuring that activities which could potentially harm native species and ecosystems are appropriately controlled. The Parliament of Australia enacted the EPBC Act to provide a unified framework for environmental protection that could be applied across the nation, thereby filling a gap in the regulation of activities impacting biodiversity both within and beyond Australia's jurisdictional waters. The policy objective behind the Act is to protect and conserve Australia's biodiversity and ecological heritage while allowing for sustainable use and development.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the management and conservation of Australia’s biodiversity and environments of national significance, and this particular legislative instrument amends the List of Exempt Native Specimens under Section 303DC of the Act. This amendment removes certain specimens from the list of exempt native specimens, specifically those derived from fish or invertebrates taken in waters outside the outer limits of the exclusive economic zone of Australia and its territories, unless these specimens are species listed under Part 13 of the EPBC Act. By removing these specimens from the exemption list, the Act aims to regulate the trade of such specimens more stringently, ensuring compliance with environmental protection standards. The instrument applies to persons and entities involved in the trade of these specimens, effectively extending its jurisdictional reach to both Commonwealth and State waters, and ensuring that trade activities comply with the EPBC Act’s broader environmental protection objectives. The instrument took effect the day after its registration on the Federal Register of Legislative Instruments, with the Minister for Sustainability, Environment, Water, Population and Communities having consulted with relevant Commonwealth and State authorities prior to its enactment.

Key Provisions

The main operative sections of this legislation pertain to the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s. 2). Specifically, the Act removes from the list of exempt native specimens those specimens that are or are derived from fish or invertebrates taken outside the exclusive economic zone (EEZ) of all countries, including Australia and its territories, unless they belong to species listed under Part 13 of the EPBC Act (s. 3). By doing so, these specimens will no longer be exempt from the trade control provisions that apply to regulated native specimens. The Act imposes certain obligations on the Minister for Sustainability, Environment, Water, Population and Communities. According to Subsection 303DC(3), before making any amendments to the list, the Minister must consult with appropriate Commonwealth Ministers and state/territory Ministers, as well as other relevant persons and organisations as deemed necessary (s. 4). In this instance, the Delegate of the Minister consulted with the Commonwealth Minister for Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority due to their management responsibilities for the fisheries concerned. Failure to comply with the requirements of the EPBC Act may result in various consequences. Breaches of the Act may lead to civil or criminal penalties, depending on the nature and severity of the offence. The maximum penalties for contravening the provisions of the Act can include substantial fines and, in some cases, imprisonment. However, the specific penalties are not detailed within this legislative instrument but would be determined according to the broader provisions of the EPBC Act. It is essential for parties and entities governed by this Act to adhere to its requirements to avoid any potential legal repercussions.