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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of Australia's biodiversity and to manage the impacts of activities that could harm the environment. The Act provides a framework for the protection of the environment, including native species, ecosystems, and heritage places, and regulates activities that may have significant environmental impacts. This particular amendment to the Act was introduced to address the specific need of managing the trade of native fish and invertebrate specimens taken within the Coral Sea Fishery. The amendment was made by the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, as the delegate of the Minister for the Environment, under the authority granted by the EPBC Act. The policy objective of this amendment is to ensure that such specimens are traded in a manner that is sustainable and complies with relevant laws, while also recognising lawful activities within the fishery. The amendment seeks to exempt specimens of fish or invertebrates taken within the Coral Sea Fishery from certain requirements under the EPBC Act, provided they meet specific conditions. These conditions include that the specimens were taken lawfully and are part of an approved wildlife trade operation as declared under section 303FN of the EPBC Act. This ensures that the trade of these specimens is conducted in an environmentally responsible manner, contributing to the broader goal of biodiversity conservation and sustainable use of natural resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of the environment and biodiversity within Australia, with its provisions extending to Commonwealth waters, including the Coral Sea Fishery. This legislation is administered by the Minister for the Environment, who, in this instance, has delegated certain powers to the Assistant Secretary, Wildlife Trade and Biosecurity Branch. This amendment specifically targets the list of exempt native specimens under the EPBC Act by adding certain fish and invertebrate specimens taken in the Coral Sea Fishery, subject to the condition that they were taken lawfully and are part of an approved wildlife trade operation. Exclusions from this amendment include specimens belonging to species listed under Part 13 of the EPBC Act, except those in the conservation dependent category, and specimens listed under section 303CA, which pertains to Australia’s CITES list. This legislative amendment demonstrates the dynamic nature of environmental protection laws, adapting to include certain activities while maintaining stringent controls to protect endangered species and regulate wildlife trade.

Key Provisions

The primary operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertain to the list of exempt native specimens under section 303DB. Specifically, section 303DC(1) allows for amendments to this list, and this amendment, as outlined in C2013G01716 (Gazette), adds certain specimens derived from fish or invertebrates taken in the Coral Sea Fishery. These additions are subject to the condition that the specimens were taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This means that only specimens derived from legally caught fish or invertebrates and that fall within an approved operation can be included in the list of exempt native specimens. The obligations imposed by this Act on parties or entities it governs are quite specific. Firstly, any specimens derived from fish or invertebrates taken in the Coral Sea Fishery must be ensured to be taken lawfully, meaning they must comply with all applicable fishing regulations and laws. Secondly, these specimens must be covered by a declaration under section 303FN of the EPBC Act, which pertains to approved wildlife trade operations. This declaration is essential to ensure that the specimens are part of a regulated and authorised operation, thereby maintaining compliance with environmental protection and biodiversity conservation requirements. These obligations are crucial for entities involved in the fishing and wildlife trade industries to ensure they adhere to the legal framework established by the EPBC Act. Any breach of the conditions set out in this amendment could lead to civil or criminal consequences. For instance, taking specimens that are not covered by an approved wildlife trade operation or taking them unlawfully would constitute a breach. Such breaches could result in fines and penalties as prescribed under the EPBC Act. The specific penalties are not detailed in this gazette but generally, under the EPBC Act, individuals or entities found guilty of contravening the Act may face significant fines, both for individuals and corporations. For example, individuals could be fined up to AUD 210,000 or imprisonment for up to five years, while corporations could face fines of up to AUD 1.05 million. These penalties underscore the seriousness with which the Australian government treats violations related to environmental protection and biodiversity conservation.