Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Commonwealth Parliament, was established to provide for the protection of the Australian environment, particularly by regulating activities that could potentially harm the nation's biodiversity. This Act serves to fill a critical gap by integrating environmental protection into decision-making processes for activities that may impact Australia's native flora and fauna, including marine life. The legislative instrument dated 26 November 2004, signed by Ian Cresswell as the Delegate of the Minister for the Environment and Heritage, amends the list of exempt native specimens under the Act. The policy objective of this amendment is to include certain fish and invertebrate specimens taken in specified sectors of the Coral Sea Fishery, provided they were taken lawfully and are not listed under Part 13 of the Act, with the inclusion being temporary until 19 November 2009. This ensures a balance between sustainable fishing practices and environmental protection.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the protection of native species and their ecosystems, and includes provisions for the management of native specimens. This legislative instrument amends the list of exempt native specimens under section 303DB of the Act by including certain specimens derived from fish or invertebrates, specifically those taken in the trawl, line, trochus and rock lobster, aquarium, and trap (trial) sectors of the Coral Sea Fishery. These specimens are exempt provided they are not of species listed under Part 13 of the Act and were taken lawfully. The amendment is subject to a temporal restriction, with the specimens remaining exempt until 19 November 2009. The geographic scope of this amendment pertains to the Coral Sea Fishery, as defined in the Coral Sea Fishery Statement of Management Arrangements 2004/05 under the Fisheries Management Act 1991. This amendment highlights the Act’s intent to balance conservation efforts with industry practices within specified sectors and timeframes.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by adding certain fish and invertebrate specimens to the list of exempt native specimens under section 303DB (paragraphs 303DC(1)). Specifically, specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the trawl, line, trochus and rock lobster, aquarium, and trap (trial) sectors of the Coral Sea Fishery are included in the list. This amendment is applicable until 19 November 2009. The inclusion of these specimens in the list is conditional on two main requirements: first, the specimens or the fish or invertebrates from which they are derived must have been taken lawfully, and second, they must comply with the relevant provisions of the Fisheries Management Act 1991 as outlined in the Coral Sea Fishery Statement of Management Arrangements 2004/05. Entities and individuals governed by the Act must ensure that any specimens derived from the specified sectors and species comply with the conditions set out in the legislative instrument. This includes verifying that the specimens were taken lawfully and that they are not from species listed under Part 13 of the Act. Additionally, the entities and individuals must maintain records and documentation that demonstrate compliance with these requirements. Failure to adhere to these conditions could result in the specimens no longer being exempt from certain provisions of the Act. The Act imposes several obligations on parties involved in the handling, transport, and sale of these specimens. They must ensure that all activities related to these specimens are conducted in a manner that complies with both the Environment Protection and Biodiversity Conservation Act 1999 and the Fisheries Management Act 1991. This includes obtaining necessary permits or licenses where required and following the stipulated management arrangements. Non-compliance with these obligations may result in civil or criminal penalties. Under the Act, breaches of the legislative instrument’s conditions could lead to enforcement actions, including fines and potential imprisonment. The specific penalties depend on the severity and frequency of the breach, with maximum penalties varying according to the nature of the offence. For instance, individuals found in violation of the Act could face substantial fines, and in cases of serious or repeated breaches, imprisonment may be imposed.