Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for a comprehensive framework for the protection of the environment, particularly biodiversity and matters of national environmental significance. This legislation was introduced to fill the gap in the Australian legal system concerning the protection of native species and ecosystems from the adverse effects of human activities. The Act provides a mechanism for the identification, protection, and management of environmentally significant species and ecosystems. The legislative instrument in question is an amendment made by Ian Cresswell, Delegate of the Minister for the Environment and Heritage, amending the list of exempt native specimens under section 303DC(1) of the EPBC Act. This amendment adds certain specimens to the list of exempt native specimens, subject to specific conditions such as lawful taking and a limited timeframe until 1 December 2005, thereby providing a balance between conservation and regulated use of these specimens.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument dated 12th November 2004, introduces a temporary amendment to the List of Exempt Native Specimens. This amendment applies to specimens or fish and invertebrate derivatives taken in specific fisheries within Australia, subject to certain conditions. The Act targets specimens taken lawfully within the Queensland Marine Aquarium Fish Fishery, the Queensland Deepwater Finfish Fishery, the Torres Strait Prawn Fishery, and the Tasmanian Commercial Dive Fishery, excluding those belonging to species listed under Part 13 of the Act. This legislative amendment is effective until 1st December 2005, and its application is confined to the Commonwealth jurisdiction. The Act does not specify any exclusions or exemptions beyond the outlined conditions, and any further modifications or clarifications can be made through subordinate instruments as authorised by the Act.

Key Provisions

The primary operative sections of this legislative instrument amend the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 303DB of the Act establishes a list of native specimens that are exempt from certain permit requirements. This instrument, pursuant to section 303DC(1), adds specific specimens to this list. The specimens added include those taken from fish or invertebrates in certain fisheries in Queensland and the Torres Strait, as well as specimens of Sea Urchins taken in the Tasmanian Commercial Dive Fishery (section 1 of the Schedule). The amendments to the list impose specific conditions and restrictions on the specimens that are now exempt. These specimens must have been taken lawfully, meaning they must have been caught in accordance with the relevant fishing regulations and management plans. Additionally, the inclusion of these specimens on the exempt list is temporary, expiring on 1 December 2005 (section 1 of the Schedule). Entities and individuals affected by this legislation must ensure that the specimens they handle meet the specified criteria. They must verify that the specimens were taken lawfully and within the defined fisheries and timeframes. Failure to comply with these conditions may result in the specimens not being exempt from the usual permit requirements under the Act. Under the Act, any breach of the specified conditions for the exempt specimens could lead to legal consequences. While the specific penalties are not detailed in this legislative instrument, breaches of environmental and biodiversity laws can generally result in substantial fines and, in some cases, imprisonment. The penalties vary depending on the severity and frequency of the breach, with maximum penalties potentially including fines up to several thousand dollars and imprisonment for several years for serious or repeated violations. This legislative instrument clarifies the conditions under which certain fishery specimens are exempt from certain regulatory requirements, while emphasising the importance of lawful and sustainable practices in the handling and trading of these specimens.