Amendment of List of Exempt Native Specimens - Eastern Tuna and Billfish Fishery (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with regard to matters of national environmental significance. The Act was introduced to address the need for a comprehensive legislative framework that could manage and protect Australia’s biodiversity and environment. Pursuant to the Act, the Commonwealth Parliament has the power to establish regulations and lists pertaining to the protection of native species and ecosystems. This specific amendment, dated 24th February 2014, was made by Paul Murphy, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, acting as the delegate of the Minister for the Environment. The amendment involves the removal of certain fish and invertebrate specimens from the list of exempt native specimens under the EPBC Act, specifically those taken in the Eastern Tuna and Billfish Fishery. This change reflects a policy objective to more stringently manage and conserve the biodiversity of marine species within Australia's jurisdiction, aligning with broader environmental protection goals.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad spectrum of persons, entities, and industries, particularly those engaging in activities that may impact on matters of national environmental significance, including protected species and ecological communities. This legislation provides a regulatory framework for the conservation and protection of Australia's biodiversity and environmental heritage, with the power to control actions that may harm listed species and ecological communities. The amendment to the list of exempt native specimens, as evidenced by the deletion of certain fish and invertebrate specimens from the list, further refines the application of the Act to ensure that only those activities posing a significant risk to the conservation of biodiversity are subject to stringent controls. Geographically, the Act operates across the Commonwealth, thereby providing a unified environmental protection regime. However, it is worth noting that specific exemptions and thresholds, as well as any extension or restriction of application, may be detailed in subordinate instruments, which are not explicitly mentioned in the given text.

Key Provisions

The key operative sections of this legislation concern the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DC(1) empowers the Minister for the Environment to delegate authority to amend this list, which is further defined and managed under Section 303DB. This particular amendment (paragraph 1) removes specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Eastern Tuna and Billfish Fishery. This change is effective from the date of the Gazette, 24 February 2014, and affects the management and regulation of these specimens. The obligations and requirements imposed by this amendment on the parties or entities governed by the EPBC Act include ensuring compliance with the updated list of exempt native specimens. This means that any individual or entity involved in the trade or management of fish or invertebrate specimens must now adhere to the new regulations that no longer exempt certain specimens taken in the Eastern Tuna and Billfish Fishery. This change necessitates updated records, documentation, and potentially licensing or permits to legally trade or possess these specimens. The implications of breaching these provisions can be significant. Under the EPBC Act, violations related to the handling or trade of native specimens can lead to both civil and criminal penalties. For example, unauthorised trade or possession of native specimens can result in substantial fines, with the exact penalty depending on the severity of the breach. In some cases, criminal charges can be pursued, leading to imprisonment. The specific maximum penalties are not detailed in this particular amendment but can be found in other sections of the EPBC Act, where general provisions for offences against the Act are outlined.