Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is a comprehensive piece of Australian legislation enacted to address the protection and conservation of the nation's environment and biodiversity. This Act empowers the government to create regulations that safeguard native species and ecosystems, ensuring their protection against significant impacts caused by certain activities. By amending the list of exempt native specimens, this legislative instrument aims to facilitate the sustainable management of fish and invertebrate species within the Queensland Developmental Slipper Lobster Fishery, subject to certain conditions and restrictions. The policy objective is to balance the need for sustainable fisheries with the protection of biodiversity, ensuring that the management practices are lawful and that the operations comply with the standards set under the Act. This legislative instrument is an amendment made by Margaret Tailby, acting as the Assistant Secretary, Wildlife Trade and Sustainable Fisheries Branch, as the Delegate of the Minister for the Environment and Heritage, in accordance with subsection 303DC(1) of the Environment Protection and Biodiversity Conservation Act 1999. The amendment adds specific specimens from the Queensland Developmental Slipper Lobster Fishery to the list of exempt native specimens, provided they do not include species listed under Part 13 of the Act. The inclusion of these specimens is subject to the condition that they were taken lawfully and during an approved Wildlife Trade Operation under section 303FN of the Act. This amendment reflects the government's commitment to promoting sustainable practices in fisheries while maintaining stringent controls to protect native biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of entities, including individuals, corporations, and government bodies, to ensure the protection and conservation of Australia's biodiversity and environment. This Act has a nationwide jurisdictional reach, applying across the Commonwealth, states, territories, and external territories of Australia. The Act regulates various aspects of environmental protection, including the trade of native specimens, which are defined as plants, animals, and their derivatives. In the context of the legislative instrument F2005B02199, the Act specifically pertains to the amendment of the list of exempt native specimens. This amendment includes specimens derived from fish or invertebrates taken in the Queensland Developmental Slipper Lobster Fishery, provided these specimens are not from species listed under Part 13 of the Act. The inclusion of these specimens is subject to the condition that they were taken lawfully and that the specimens were obtained while a declaration of an approved Wildlife Trade Operation was in force. This amendment exemplifies how the Act can be extended through subordinate instruments to address specific fisheries and their impact on native species.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by updating the list of exempt native specimens under section 303DB. Specifically, the amendment adds specimens of fish or invertebrates derived from the Queensland Developmental Slipper Lobster Fishery, established under the Queensland Fisheries Regulations 1995 and in force under the Fisheries Act 1994, to the list of exempt specimens (section 303DC(1)). However, this exemption does not apply to specimens belonging to species listed under Part 13 of the Act. These newly exempt specimens are subject to the conditions that they must be lawfully taken and that the specimens were derived while a declaration of an approved Wildlife Trade Operation under section 303FN of the Act is in effect for the fishery. The Act imposes several obligations and requirements on parties involved with these specimens. Firstly, the specimens must be taken lawfully, meaning they must comply with all relevant fishing regulations and obtain necessary permits. Secondly, the specimens must be taken while a declaration of an approved Wildlife Trade Operation is in force for the Queensland Developmental Slipper Lobster Fishery. This requirement ensures that the fishery is operating under a recognised framework that meets wildlife trade standards and conservation measures. Failure to comply with the provisions of this legislative instrument may result in civil or criminal penalties. While specific penalties are not outlined in the instrument, breaches of the Act can lead to significant consequences, including fines and imprisonment. The severity of the penalties depends on the nature and extent of the breach, with maximum penalties available under the general provisions of the Act. These penalties are designed to enforce compliance and protect the biodiversity and environmental values that the Act seeks to preserve.