Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The List of Exempt Native Specimens Amendment (Technical Measures) Instrument 2016 was introduced to make a series of technical changes to the list of exempt native specimens under Section 303DB of the EPBC Act. This legislative instrument was made under the authority of paragraph 303DC(1)(a) of the EPBC Act by the Delegate of the Minister for the Environment. The policy objective of this instrument is to streamline and clarify the administration of the list of exempt native specimens without altering the substantive content or operation of the list itself. The instrument includes formalising definitions, clarifying the structure of the list, establishing an alphabetical order, removing expired items, and providing for future automatic repeal of similar expired items. The instrument also offers a minor clarification to the definition of personal baggage. The instrument's technical nature and lack of substantive changes meant that consultation was deemed unnecessary. This legislative instrument is subject to the provisions of the Legislation Act 2003 and does not raise any human rights issues.

Scope and Application

The List of Exempt Native Specimens Amendment (Technical Measures) Instrument 2016 applies to the list of exempt native specimens established under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This list pertains to native specimens that are exempt from the trade control provisions applicable to regulated native specimens. The instrument affects the legislative framework governing the list by formalising definitions, clarifying the structure, and establishing an alphabetical sequence of items on the list. The instrument's changes do not alter the operation of the list or the items within it, except for the removal of expired entries that no longer have any legal effect. The instrument applies nationally across Australia as it operates under the authority of the Commonwealth. The Minister for the Environment is responsible for amending the list, with a requirement to consult relevant ministers and other appropriate persons and organisations before making such amendments, although in this instance, the Delegate deemed consultation unnecessary due to the technical nature of the changes. The instrument is a legislative instrument for the purposes of the Legislation Act 2003 and, as per the accompanying statement, does not raise any human rights issues.

Key Provisions

The List of Exempt Native Specimens Amendment (Technical Measures) Instrument 2016 amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by modifying the list of exempt native specimens (section 303DB). This list specifies which native specimens are exempt from the trade control provisions that apply to regulated native specimens. The main changes introduced by this instrument include the formalisation of definitions and preliminary text, clarification of the list's structure, and an alphabetical sequencing of the items (Schedule 1, items 1 (new sections 1-6), 3 and 4). Additionally, it removes several spent items from the list (Schedule 1, item 1 (new section 7) and Schedule 2) and provides for future automatic repeal of similar spent items. The instrument also includes a minor clarification to the definition of personal baggage (Schedule 1, item 1 (new section 3)). The structural change to insert a heading "Fisheries" is retrospective, commencing from 28 March 2003 (Schedule 1, item 5). The rest of the provisions of the instrument commenced on the day after it was registered on the Federal Register of Legislation. The instrument imposes certain obligations and requirements on parties and entities governed by it. For example, the Minister for the Environment must consult with relevant Commonwealth and state ministers before amending the list of exempt native specimens, although in this case, the Delegate of the Minister for the Environment determined that consultation was not necessary due to the technical nature of the changes. The changes do not affect the operation of the list of exempt native specimens or the items in the list, except for the removal of spent items. Furthermore, the instrument establishes a clear and organised structure for the list of exempt native specimens, ensuring that all parties and entities can easily understand and comply with the provisions. There are no specific offences, penalties, or civil/criminal consequences mentioned for breaches of this instrument. However, as a legislative instrument made under the EPBC Act, any breaches of the Act or related regulations could result in civil or criminal penalties as outlined in those respective provisions. For instance, breaches of the EPBC Act may incur civil penalties, including fines of up to $666,000 for individuals and $3.3 million for corporations, or criminal penalties, including imprisonment for up to five years or both. The exact penalties will depend on the specific nature of the breach and the relevant provisions of the Act or regulations.