Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a crucial framework for the protection of Australia’s biodiversity and the mitigation of threats to the environment, including the regulation of native specimens. This Act was introduced to address the need for comprehensive management and conservation of Australia's unique flora and fauna, ensuring that environmental protection is integrated into decision-making processes. The 2013 amendment to the list of exempt native specimens, enacted by Geoff Richardson as the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, aims to refine the regulatory conditions governing the handling of native specimens. This amendment was made to address specific operational needs within the fishing industry, ensuring that the regulations are both practical and effective in conserving biodiversity while supporting sustainable fishing practices. The policy objective remains to balance environmental protection with economic activities, ensuring that native species are conserved while allowing for lawful and sustainable exploitation within defined parameters.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the Gazette C2013G00581, pertains to the management of native specimens derived from fish or invertebrates in the Bass Strait Central Zone Scallop Fishery. This Act applies to any specimens that are not classified under Part 13 of the EPBC Act, which includes species that are protected or threatened. The legislation extends its jurisdictional reach across the Commonwealth, ensuring that the regulations and conditions set forth are enforceable nationwide. This amendment specifically revokes the conditions previously imposed on these specimens as of 21 April 2010, and introduces new conditions stipulating that the specimens must be taken lawfully and will remain included in the list of exempt native specimens until 13 April 2018. This change ensures clarity and compliance for entities and individuals involved in the fishing industry, providing a clear framework within which they must operate.

Key Provisions

The primary operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are sections 303DC(1) and 303DB. Section 303DC(1) empowers the Delegate to make amendments to the list of exempt native specimens, while section 303DB establishes the list itself. The amendment, dated 8 April 2013, revokes the conditions previously attached to certain fish and invertebrate specimens taken in the Bass Strait Central Zone Scallop Fishery, and imposes new conditions that these specimens must be taken lawfully and be included in the list until 13 April 2018 (subsection 303DC(1), section 303DB). The obligations imposed by this amendment on the parties or entities it governs are quite straightforward. Any specimens derived from fish or invertebrates taken within the specified fishery must be derived lawfully, ensuring compliance with fisheries management laws. Furthermore, the inclusion of these specimens on the list is now subject to a fixed period, until 13 April 2018, after which the specimens will no longer be exempt unless further amendments are made. This ensures a clear and time-bound framework for compliance with the EPBC Act. The amendment does not explicitly list offences, penalties, or consequences for breach within the text provided. However, given the context of the EPBC Act, any failure to comply with the conditions set forth could potentially lead to civil or criminal penalties under other sections of the Act. These could include fines, imprisonment, or both, depending on the severity and intent of the breach. It is important for parties affected by this amendment to ensure they understand and adhere to the new conditions to avoid any potential legal repercussions.