Amendment of List of Exempt Native Specimens - Eastern Tuna and Billfish Fishery (26/08/2014) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly in relation to matters of national environmental significance. This legislation was introduced to address the problem of biodiversity loss and the need for comprehensive environmental conservation and protection across Australia. The EPBC Act serves to regulate activities that may impact on the environment, including the trade and transport of native specimens. Pursuant to this Act, the Parliament of the Commonwealth of Australia has the authority to manage and protect Australia's biodiversity through various mechanisms, including the listing and regulation of native specimens. The policy objective of this specific amendment, as stated in the text, is to refine the regulatory framework by removing certain specimens from the list of exempt native specimens, thereby enhancing the oversight and management of native species within the context of Australia's environmental conservation efforts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities, including individuals, corporations, and other legal entities, with respect to activities that may impact on matters of national environmental significance. The Act's jurisdictional reach extends throughout the Commonwealth of Australia, thereby ensuring a cohesive national approach to environmental protection and biodiversity conservation. The Act’s application is not limited to specific industries, but it does impact various sectors, including fishing, by regulating the taking of native specimens. The recent amendment removes certain fish and invertebrate specimens from the list of exempt native specimens, affecting those involved in the Eastern Tuna and Billfish Fishery as defined under the Commonwealth Fisheries Management Act 1991. These changes do not apply to specimens belonging to species listed under Part 13 of the EPBC Act, thereby excluding those already regulated for conservation purposes. The Act can be further extended or restricted through subordinate instruments, allowing for detailed and specific regulations to be established as needed.

Key Provisions

The key operative section of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is section 303DC(1), which allows the Minister for the Environment, through a delegate, to amend the list of exempt native specimens established under section 303DB of the Act. Specifically, section 303DC(1) authorises the delegate to modify the list by deleting the specified item, which in this case involves specimens derived from fish or invertebrates taken in the Eastern Tuna and Billfish Fishery, excluding those that belong to species listed under Part 13 of the EPBC Act. This means that effective from the date of the amendment, such specimens are no longer exempt from the provisions of the EPBC Act. The amendment imposes obligations on various parties, particularly those involved in the management and regulation of the Eastern Tuna and Billfish Fishery. It requires fishery managers and operators to ensure that any specimens taken in the fishery comply with the updated list of exempt native specimens. This means they must now consider whether these specimens require a permit or approval under the EPBC Act, as they are no longer automatically exempt. Additionally, it places a responsibility on enforcement agencies to monitor and verify compliance with the amended list, ensuring that any violations are identified and addressed. Failure to comply with the requirements set out in the EPBC Act can result in both civil and criminal penalties. Under section 487 of the Act, a person who contravenes the Act may be liable for a civil penalty of up to $210,000 for an individual or $1,050,000 for a body corporate, depending on the nature and extent of the breach. Furthermore, section 515 of the Act stipulates that an offence against certain provisions of the Act can result in a maximum penalty of imprisonment for up to five years, reflecting the seriousness of non-compliance with environmental protection and biodiversity conservation laws.