Amendment of List of Exempt Native Specimens - Coral Sea Fishery (deletion)

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, and to establish a framework for the assessment of actions that may have a significant impact on the environment. The Act was introduced to address the need for comprehensive environmental protection and biodiversity conservation across Australia. The policy objective of the Act is to safeguard Australia's environment, including its biodiversity, ecosystems, and heritage, from activities that may cause significant harm. In this context, the 2013 amendment to the list of exempt native specimens under section 303DB of the EPBC Act was made by Paul Murphy, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, as the Delegate of the Minister for the Environment. This amendment involved the removal of certain fish and invertebrate specimens taken in the Coral Sea Fishery from the list of exempt native specimens, ensuring stricter regulatory oversight and conservation measures for these species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the Gazette C2013G01715, applies to a broad range of activities, entities, and conduct within Australia, aiming to protect and conserve the nation's biodiversity and manage the environmental impact of activities that fall within Commonwealth jurisdiction. This Act extends to various industries, including fisheries, and governs the management and conservation of native specimens, particularly those that are or are derived from fish or invertebrates. Geographically, the Act's reach encompasses the entire Commonwealth of Australia, including its territorial waters and marine areas such as the Coral Sea Fishery. The specified amendment removes certain fish and invertebrate specimens taken in the Coral Sea Fishery from the list of exempt native specimens, thereby subjecting these specimens to stricter regulatory oversight and controls. This amendment does not alter the jurisdictional scope or the applicability of the Act to other activities or entities outside the specified exemption. The Act also provides for the extension or restriction of its application through subordinate instruments, which may further detail the implementation and enforcement of the provisions concerning native specimens and biodiversity conservation.

Key Provisions

The primary operative section of this legislation pertains to the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB of the Act, which establishes the list of exempt native specimens, is amended by removing the exemption for specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the Coral Sea Fishery (section 303DC(1)). This change removes the exemption that was previously in place as of 19 November 2010. The amendment imposes certain obligations on parties and entities governed by the EPBC Act. Those involved in the collection, trade, or transportation of fish or invertebrate specimens from the Coral Sea Fishery must now comply with the requirements of the Act. This means that any activities involving these specimens will no longer be exempt from the provisions of the EPBC Act and will require appropriate authorisation or permit as stipulated by the Act. The amendment ensures that these activities are subject to environmental protection and biodiversity conservation measures. Failure to comply with the provisions of the EPBC Act, including the amended list of exempt native specimens, can lead to various offences and penalties. Under the Act, unauthorised actions that impact matters of national environmental significance, including biodiversity, can result in both civil and criminal consequences. The penalties for breaches can include substantial fines; for corporations, the maximum penalty can be up to $6.6 million, while for individuals, the maximum penalty can be up to $1.65 million. Additionally, those found guilty of breaches may face imprisonment, with the specific duration depending on the severity and nature of the offence. This amendment ensures that parties and entities are held accountable for their actions, reinforcing the Act’s aim to protect and conserve Australia’s biodiversity.