Amendment of List of Exempt Native Specimens - Commonwealth Small Pelagic Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation measures in Australia. This legislation was introduced to ensure that the federal government has the ability to manage and conserve Australia's biodiversity and its interactions with the environment. The EPBC Act provides a framework for the protection of the environment, including ecosystems, heritage places, threatened species and ecological communities, and their interactions. This is achieved through various mechanisms, including the regulation of actions that may have a significant impact on the environment. The Act is administered by the Australian Government, with the Minister for the Environment having a key role in its implementation. The policy objective of the Act is to safeguard Australia's environment, including its biodiversity, by providing for the protection and conservation of species, ecosystems, and ecological communities, as well as the mitigation of adverse environmental impacts from human activities. The Act allows for the regulation of activities that may have a significant impact on the environment, ensuring that development and other activities are balanced with the need to protect and conserve the environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of persons and entities involved in activities that may impact on matters of national environmental significance, including native specimens taken in fisheries. Specifically, this legislative amendment pertains to specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, which are taken within the Small Pelagic Fishery as defined in the Small Pelagic Fishery Management Plan 2009 under the Fisheries Management Act 1991. The amendment revokes the previous conditions subject to these specimens and imposes new conditions, including that the specimens must be taken lawfully and remain included in the list until 29 October 2015. The scope of the Act is national, and its application extends across all jurisdictions within the Commonwealth of Australia. The Act's application is not restricted by subordinate instruments in this instance, as the changes are directly specified in the legislation itself.

Key Provisions

The main operative sections of this amendment, referenced in the Gazette, pertain to the revision of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB of the EPBC Act has been amended to revoke the conditions previously attached to specimens taken from the Small Pelagic Fishery, effective from 1 February 2010. Instead, new conditions are imposed: the specimens must be taken lawfully, and they are included in the list until 29 October 2015. These changes were executed by Paul Murphy, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, acting as the Delegate of the Minister for the Environment, in accordance with subsection 303DC(1) of the EPBC Act. The obligations imposed by this amendment are twofold. Firstly, any person or entity involved in the collection, transportation, or sale of specimens derived from fish or invertebrates must ensure that these activities are conducted in compliance with the new conditions. This means that the specimens must be lawfully taken and derived from species not listed under Part 13 of the EPBC Act. Secondly, the amendment places a responsibility on regulatory bodies to monitor and enforce adherence to these conditions, ensuring that the specimens meet the specified criteria until the end date of 29 October 2015. In terms of consequences for non-compliance, the EPBC Act outlines various offences and penalties for breaches. Although the specific penalties are not detailed in the Gazette, the Act generally provides for substantial fines and potential imprisonment for serious violations. For example, under section 487 of the EPBC Act, a person found guilty of contravening the Act can be subject to a fine of up to $210,000 for a corporation, or $21,000 for an individual, or both. Furthermore, in more severe cases, individuals may face imprisonment for up to five years. These penalties underscore the importance of adhering to the amended conditions to avoid legal repercussions.