Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the problem of the protection of native species and biodiversity, particularly those of national and international significance. The Act aims to provide for the protection of the environment, including native species, by implementing measures to prevent and mitigate the impact of human activities on biodiversity. The EPBC Act was enacted by the Parliament of Australia and its policy objective is to ensure the protection of native flora and fauna and their habitats. The Act was amended in 2012 to modify the list of exempt native specimens to provide greater clarity and certainty for those involved in the fishing industry. This amendment aimed to ensure that native specimens derived from fish and invertebrates taken in the Coral Reef Fin Fish Fishery were not subject to unnecessary regulatory burdens while still maintaining the overall protection of native species and biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended, governs the protection and conservation of Australia's biodiversity and the management of activities that may have a significant impact on the environment. This particular legislative amendment concerns the list of exempt native specimens under section 303DB of the Act, focusing specifically on specimens derived from fish or invertebrates within the Coral Reef Fin Fish Fishery. The amendment applies to specimens taken in the fishery that are not species listed under Part 13 of the EPBC Act. This legislative change is significant as it modifies the conditions attached to the exemption, ensuring that only specimens derived from lawfully taken fish or invertebrates are included, and it sets a specific time limit for the exemption, expiring on 3 May 2013. The Act extends its reach across the Commonwealth of Australia, impacting all entities and individuals involved in the fishing industry and biodiversity conservation within its jurisdiction. Notably, this amendment does not exclude any specific groups or entities and applies broadly to all relevant activities within the designated fishery, subject to the conditions imposed.

Key Provisions

The key operative sections of the legislation, as per the Gazette C2012G00200, involve amendments to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s. 303DC(1)). Specifically, section 303DB of the EPBC Act, which establishes the list of exempt native specimens, is being modified. This amendment revokes existing conditions for specimens derived from fish or invertebrates taken in the Coral Reef Fin Fish Fishery, which were included in the list on 24 November 2005, and introduces new conditions for these specimens. These new conditions require that the specimens or the fish or invertebrates from which they are derived must have been taken lawfully and must remain on the list until 3 May 2013. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily concerned with the lawful taking of specimens and the inclusion of these specimens in the list of exempt native specimens for a specified period. Entities involved in the collection or trade of specimens derived from fish or invertebrates must ensure that these specimens are taken lawfully, adhering to all applicable laws and regulations. Additionally, these specimens must be included in the list until the specified date of 3 May 2013, meaning that any activities involving these specimens must comply with the new conditions set forth by this amendment. Offences, penalties, or civil and criminal consequences for breach of the conditions set out in this legislation are not explicitly detailed in the text of the Gazette. However, breaches of the EPBC Act generally can lead to significant legal consequences. Under the EPBC Act, penalties for offences can include substantial fines and, in severe cases, imprisonment. The specific penalties can vary depending on the nature and severity of the breach, but they are designed to ensure compliance with environmental protection and biodiversity conservation laws. Given the serious implications of non-compliance, entities involved with these specimens must ensure they adhere strictly to the conditions outlined in this amendment.