Amendment of List of Exempt Native Specimens - Blue Swimmer Crab Pot Fishery, QLD (15/10/2004)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act aims to ensure the sustainable use of natural resources and protect biodiversity through a comprehensive framework that addresses various environmental issues. The EPBC Act was introduced to address the gaps in environmental protection that existed under previous legislation, providing a more robust and integrated approach to safeguarding Australia’s natural heritage. The amendment of the list of exempt native specimens under section 303DB of the Act aims to balance environmental protection with economic activities, such as fishing, by allowing certain specimens to be included in the list if they meet specific criteria and conditions. This legislative instrument, issued by Margaret Tailby, Acting Assistant Secretary, Wildlife Trade and Sustainable Fisheries Branch, as Delegate of the Minister for the Environment and Heritage, adds specimens from the Queensland Blue Swimmer Crab Pot Fishery to the list of exempt native specimens, subject to the conditions that they were taken lawfully and are covered by an approved Wildlife Trade Operation declaration.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a pivotal piece of legislation in Australia, designed to protect and manage the environment, particularly in relation to matters of national and international significance. This Act applies to a wide range of persons and entities, including individuals, corporations, and government bodies, and extends to any actions, conduct, or transactions that may impact Australia's biodiversity or environment. Geographically, the EPBC Act has a national reach, regulating activities across all states and territories of Australia. However, the Act also considers international obligations, thereby extending its jurisdiction to actions that may have transboundary impacts. Specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the Act, taken in the Queensland Blue Swimmer Crab Pot Fishery are included in the list of exempt native specimens, subject to the condition that they were taken lawfully and are covered by the declaration of an approved Wildlife Trade Operation under Section 303FN of the Act. This legislative instrument also allows for the application to be extended or restricted through subordinate instruments, thereby offering flexibility in the administration and enforcement of the Act.

Key Provisions

The main operative sections of this legislative instrument pertain to the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 303DC(1) allows the Minister to delegate the power to amend the list, which is exercised here by the Acting Assistant Secretary. The amendment includes specimens taken in the Queensland Blue Swimmer Crab Pot Fishery (section 303DB). The amendment is conditional, requiring the specimens to be lawfully taken and covered by an approved Wildlife Trade Operation declaration under section 303FN of the Act. The obligations imposed by this legislation on parties or entities are primarily administrative and procedural. Firstly, any specimens included in the list must be derived lawfully from the fishery, which implies compliance with all relevant fishing regulations and permissions (section 303DC(1)). Secondly, the specimens must be part of an approved Wildlife Trade Operation, which involves a declaration under section 303FN of the Act, ensuring that the trade of these specimens complies with biodiversity and environmental protection standards. Failure to comply with the conditions set forth by this legislative instrument may result in various legal consequences. While the specific penalties are not detailed within this instrument, breaches of the Act generally can lead to both civil and criminal penalties. For instance, unlawful taking of specimens or failure to comply with the approved Wildlife Trade Operation declaration can result in substantial fines or imprisonment, depending on the severity and intent of the breach. The Act provides a comprehensive framework for enforcement, including potential penalties for non-compliance, which can be found in the broader legislative text.