Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly focusing on matters of national environmental significance. This Act serves to address gaps in environmental protection by regulating activities that may have a significant impact on the environment, including the trade and transport of native specimens. The 1999 Act was introduced to address the need for a comprehensive framework that integrates environmental considerations into decision-making processes at both federal and state levels. The policy objective of the EPBC Act is to safeguard Australia's biodiversity and manage the environmental impacts of development and other activities. In May 2013, an amendment was made to the list of exempt native specimens under the authority of the Minister for Sustainability, Environment, Water, Population and Communities. This amendment, executed by Geoff Richardson, Assistant Secretary of the Marine Biodiversity and Biosecurity Branch, aimed to include certain fish and invertebrate specimens taken by Australian-flagged vessels in high seas waters, subject to specific conditions and restrictions, thereby enhancing the regulatory framework for managing marine biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities and entities that may impact Australia’s environment, biodiversity, and heritage places. In the context of the amendment to the list of exempt native specimens, the Act applies specifically to specimens that are or are derived from fish or invertebrates, provided they meet certain criteria. The amendment exempts these specimens taken by Australian-flagged vessels operating under Australia’s High Seas Permits issued by the Australian Fisheries Management Authority in waters outside the outer limits of the exclusive economic zone of all countries, including Australia and its external territories not already covered under existing Australian fisheries management regimes. This exemption is subject to the conditions that the specimens were taken lawfully and are included in the list until 18 May 2018. The jurisdictional reach of this Act is national, and it extends its application through subordinate instruments such as permits and regulations issued under the authority of the Act.

Key Provisions

The amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), published as C2013G00747 (Gazette), pertains to the list of exempt native specimens, specifically adding certain specimens derived from fish or invertebrates. This inclusion is subject to the condition that the specimens, or the fish or invertebrates from which they are derived, were taken lawfully (section 303DC(1)). The amendment also specifies that these specimens will be included in the list until 18 May 2018. This amendment applies to specimens taken by Australian-flagged vessels operating under Australia’s High Seas Permits issued by the Australian Fisheries Management Authority in waters outside the exclusive economic zones of all countries (section 303DB). The obligations imposed by this amendment include ensuring that any specimens taken by Australian vessels on the High Seas under the specified permits are lawfully obtained. This means that the vessels must comply with all relevant international and Australian laws governing fishing practices and permits in these areas. Additionally, any parties involved in the collection, transportation, or sale of these specimens must adhere to the specified conditions and restrictions until the amendment's effective end date of 18 May 2018. This includes maintaining proper documentation to demonstrate compliance with the lawful taking of specimens. Failure to comply with the provisions outlined in this amendment could result in legal consequences. Although the specific penalties are not detailed in the text, breaches of the EPBC Act can generally lead to substantial fines, imprisonment, or both, depending on the severity and intent of the violation. The Act provides for penalties that can be severe, reflecting the importance of protecting biodiversity and ensuring sustainable use of natural resources. In cases where the breach involves the unlawful taking of specimens, the penalties could be particularly stringent, considering the potential environmental impact and the importance of maintaining legal and sustainable fishing practices.