Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, including native species, by establishing a framework for the assessment and approval of activities that may have a significant impact on the environment. The Act aims to address the problem of unsustainable exploitation of native species by regulating the taking of native specimens, particularly those that are or are derived from fish or invertebrates. In this context, the Act was amended by the Minister for Sustainability, Environment, Water, Population and Communities through a legislative instrument to modify the list of exempt native specimens. The policy objective of this amendment is to ensure that native specimens taken from specific fisheries are managed in a way that is consistent with environmental protection and biodiversity conservation principles, while facilitating lawful activities within the Deep Water Fin Fish Fishery until 26 April 2013.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the specified gazette, pertains to the management and conservation of native species and their specimens across Australia. This Act applies to individuals and entities involved in the collection, possession, trade, or transport of native specimens, particularly those taken from marine environments such as the Deep Water Fin Fish Fishery. It aims to regulate the activities of those who engage in these practices to ensure compliance with environmental protection and biodiversity conservation objectives. The Act's jurisdictional reach is national, as it is a Commonwealth Act, thereby extending its application across all states and territories in Australia. While the Act generally applies to all native specimens, it provides exemptions for certain species listed under Part 13 of the Act. The legislative amendments also clarify and impose specific conditions under which specimens taken from the Deep Water Fin Fish Fishery can be included in the list of exempt native specimens, ensuring that such inclusion is only applicable until 26 April 2013 and subject to the specimens being taken lawfully. The application and enforcement of the Act may be further detailed and extended through subordinate instruments, which provide additional regulations and guidelines as necessary.

Key Provisions

The main sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involve the revocation and imposition of conditions on the inclusion of certain specimens in the list of exempt native specimens, as detailed in section 303DB (paragraph 303DC(1)). The amendment targets specimens that are or are derived from fish or invertebrates taken in the Deep Water Fin Fish Fishery, excluding those belonging to species listed under Part 13 of the Act. Specifically, the conditions previously attached to these specimens on 24 November 2005 are revoked, and new conditions are imposed. These new conditions require that the specimens, or the fish or invertebrates from which they are derived, must have been taken lawfully. Additionally, these specimens will be included in the list of exempt native specimens until 26 April 2013. The obligations imposed by this amendment are primarily on those who handle, transport, or trade the specified specimens. They must ensure that any specimens they deal with meet the new conditions, which include verifying that the specimens were taken lawfully and were taken before the specified date of 26 April 2013. This requirement is critical to maintaining compliance with the EPBC Act and avoiding any potential legal repercussions. Breaches of the conditions outlined in the amendment may result in various civil and criminal consequences. Under the EPBC Act, those found in violation of the conditions pertaining to the handling or trade of native specimens may face penalties. The specific penalties can include substantial fines and, in some cases, imprisonment. The maximum penalties are not detailed in the amendment itself but are prescribed elsewhere within the EPBC Act, where fines can reach up to $222,222 for corporations and $44,444 for individuals, along with potential imprisonment terms for serious or repeated offences. Ensuring compliance with these conditions is therefore crucial to avoid these severe consequences.