Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework for the protection of the environment, particularly biodiversity, and to regulate activities that may impact native species and ecosystems. The 1999 Act sought to fill the gap in existing environmental protection laws by providing a unified approach to the conservation of Australia's biodiversity and the management of activities that may have a significant impact on it. The EPBC Act is administered by the Commonwealth Parliament, with the aim of ensuring that environmental considerations are integrated into decision-making processes that may affect the environment, particularly with respect to biodiversity conservation. The policy objective of this specific amendment, as per the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, is to refine the regulatory framework for the trade of native specimens, ensuring compliance with legal fishing practices and adherence to approved wildlife trade operations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities across Australia and its territories, with the objective of protecting and managing the environment and biodiversity. This particular amendment, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, specifically alters the list of exempt native specimens. This change pertains to specimens that are or are derived from fish or invertebrates, excluding those that belong to species listed under Part 13 of the Act, taken in the Coral Reef Fin Fish Fishery. The amendment imposes conditions that such specimens must be taken lawfully and be covered by a declaration of an approved wildlife trade operation as per section 303FN of the EPBC Act. This regulatory action ensures that the trade in these specimens adheres to stringent environmental and biodiversity conservation standards, thereby reinforcing the overarching goals of the EPBC Act. The application of this amendment is nationwide, affecting all entities and persons engaged in the trade of the specified specimens within the Coral Reef Fin Fish Fishery.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended by Gazette C2013G00924 to change the conditions under which certain specimens are exempt from the Act’s regulatory scope. Section 303DC(1) of the EPBC Act allows the Minister for Sustainability, Environment, Water, Population and Communities to delegate the power to amend the list of exempt native specimens. In this case, the delegation was exercised by Joanne Nathan, A/g Assistant Secretary of the Marine Biodiversity and Biosecurity Branch. The amendment specifically concerns specimens that are or are derived from fish or invertebrates taken in the Coral Reef Fin Fish Fishery, which were previously subject to certain conditions when listed on 23 November 2005. Under the amended provisions, the conditions for exemption of these specimens have been revised. Firstly, the specimens must be derived from fish or invertebrates that were taken lawfully. Secondly, the specimens must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery. These conditions ensure that only legally obtained and properly managed specimens are exempt from the regulatory requirements of the EPBC Act. Entities and individuals subject to the EPBC Act must ensure that any specimens derived from fish or invertebrates in the Coral Reef Fin Fish Fishery comply with the new conditions for exemption. This includes obtaining and maintaining records that demonstrate lawful taking and compliance with the approved wildlife trade operation declaration. Failure to meet these obligations could result in the specimens no longer being exempt from the Act’s provisions, potentially subjecting them to stricter regulatory scrutiny. Failure to comply with the conditions for exemption can lead to significant consequences. The EPBC Act provides for both civil and criminal penalties for non-compliance with its provisions. Civil penalties can include fines of up to $66,600 for individuals and $333,000 for corporations, as outlined in section 537 of the Act. Additionally, criminal offences under section 535 can result in imprisonment for up to five years, reflecting the seriousness with which the Act treats breaches of its regulatory framework.