Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by creating a framework for the conservation of biodiversity and the sustainable use of natural resources. This Act was introduced to address the need for a comprehensive legislative mechanism to manage and protect Australia’s unique biodiversity, ecosystems, and heritage places from harmful impacts, ensuring their conservation for future generations. Enacted by the Parliament of Australia, the EPBC Act aims to integrate environmental considerations into decision-making processes, providing a robust framework for the assessment and approval of activities that may impact the environment. This includes the regulation of activities that could affect listed threatened species and ecological communities, as well as the management of invasive species and the conservation of Australia's marine environment. The policy objective of the Act is to promote the sustainable use of the nation’s natural resources while safeguarding its biodiversity and ecological integrity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by this gazette, governs the management and protection of Australia's biodiversity and the conservation of the nation's environment. This particular amendment pertains to the list of exempt native specimens, which outlines the conditions under which certain specimens may be exempted from the regulatory requirements of the EPBC Act. The amendment applies to specimens derived from fish or invertebrates taken lawfully by vessels operating in the High Seas outside the exclusive economic zones of all countries, including Australia and its external territories that are not already subject to existing Australian fisheries management regimes. This change impacts entities and persons involved in lawful fishing activities on the High Seas, specifically those who may have previously been subject to certain conditions regarding the transportation and use of these specimens. The jurisdictional reach of this Act is national, with its application extending to all Commonwealth waters and territories. The amendment imposes specific conditions under which these specimens can be included in the list of exempt items, such as the necessity for the specimens to be taken lawfully and their inclusion in the list being limited until a specified date, in this case, 24 May 2013. This legislative action is an extension of the Act’s provisions through subordinate instruments, aiming to provide clarity and specific conditions for the handling of these specimens within the broader framework of Australia's environmental protection and biodiversity conservation efforts.

Key Provisions

The main operative sections of this legislation involve the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303DC and 303DB). Specifically, the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities has revoked the conditions previously placed on the inclusion of certain fish and invertebrate specimens taken lawfully in waters outside the exclusive economic zones of countries, including Australia and its external territories not covered by existing Australian fisheries management regimes (section 303DC(1)). These specimens are now subject to new conditions that they must have been taken lawfully and that their inclusion in the list is temporary, ending on 24 May 2013 (section 303DB). The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, any specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, must have been taken lawfully for them to be included in the list of exempt native specimens. This ensures that the collection and use of these specimens comply with legal standards. Additionally, the inclusion of these specimens in the list is now conditional upon their lawful taking and is limited to a specific period, until 24 May 2013, ensuring the temporary nature of this exemption. In terms of consequences for breach, the Act does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance with the amended conditions. However, it is important to note that any failure to comply with the conditions set forth in the EPBC Act could potentially lead to legal repercussions under other sections of the Act. These could include fines and other penalties as prescribed by the broader legislative framework. The exact nature and severity of such penalties would depend on the specific circumstances of the breach and the provisions of the EPBC Act that are applicable.