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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to manage the impacts of Commonwealth activities on the environment. This legislation was introduced to address the need for a comprehensive framework to protect Australia’s biodiversity and heritage, ensuring that significant environmental impacts are properly assessed and managed. The EPBC Act is administered by the Australian Government and its primary objective is to prevent significant adverse environmental impacts through rigorous assessment and approval processes. In line with this objective, the Act includes provisions for the regulation of the trade of native specimens, including fish and invertebrates, to ensure that such activities do not threaten the survival of endangered species or undermine international conservation efforts. The recent amendment to the list of exempt native specimens under the EPBC Act aims to facilitate the legal trade of certain fish and invertebrate specimens taken from the Eastern Tuna and Billfish Fishery, subject to specific conditions that ensure the specimens were taken lawfully and that the inclusion in the list is temporary.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation that applies to a broad range of activities across the Commonwealth of Australia, with its primary aim being the protection and conservation of biodiversity and the environment. The Act applies to all persons and entities, including individuals, corporations, and government bodies, engaging in activities that may impact the environment or biodiversity. Specifically, this includes industries such as fishing, agriculture, mining, and infrastructure development, and covers conduct and transactions that might result in the destruction, alteration, or habitat degradation of listed threatened species and ecological communities. The geographic reach of the Act is national, as it applies to the whole of Australia, including its territorial waters, internal waters, and the Australian Exclusive Economic Zone. However, the Act also acknowledges the role of state and territory governments in environmental management and conservation efforts, often working in tandem with Commonwealth regulations. The specified amendment to the list of exempt native specimens under section 303DC of the EPBC Act aims to streamline the regulatory environment for certain fisheries by temporarily exempting certain fish and invertebrate specimens taken within the Eastern Tuna and Billfish Fishery from additional permits or approvals, provided they were taken lawfully and are not species or taxa listed under specific sections of the EPBC Act. This amendment, however, is subject to the condition that the exemption only applies until 28 August 2014.

Key Provisions

The main operative sections of the EPBC Act Amendment (No. 3) (List of Exempt Native Specimens) 2014 (Gazetted C2014G00335) involve the amendment of the list of exempt native specimens under section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(1) of the EPBC Act allows the Assistant Secretary, Wildlife Trade and Biosecurity Branch, to amend the list on behalf of the Minister for the Environment. This amendment adds certain fish and invertebrate specimens taken in the Eastern Tuna and Billfish Fishery to the list of exempt native specimens, subject to certain conditions (section 303DC). These conditions include the requirement that the specimens or the fish/invertebrates from which they are derived must be taken lawfully and the inclusion in the list is valid until 28 August 2014. The obligations and requirements imposed by this amendment mandate that any person or entity dealing with the specified specimens must ensure they were taken lawfully as per the conditions outlined. This involves verifying that the specimens were sourced in compliance with the Eastern Tuna and Billfish Fishery Management Plan 2010, which is governed under the Commonwealth Fisheries Management Act 1991. Additionally, any use or trade of these specimens must adhere to the specified date until which the exemption is valid, which is 28 August 2014. Breaching the conditions set forth in the amendment could lead to various civil and criminal consequences. Under the EPBC Act, unlawful taking of specimens or non-compliance with the specified conditions may result in penalties. The maximum penalties for offences under the EPBC Act can include substantial fines and, in serious cases, imprisonment. Specifically, individuals or corporations found guilty of contravening the provisions of the Act could face fines up to AUD 1.1 million and imprisonment for up to five years, depending on the severity of the breach. The exact penalties would depend on the specific nature of the breach and the discretion of the court.