Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted by the Parliament of Australia to address the need for comprehensive protection of the nation's environment, including biodiversity and heritage, through regulation of activities that may impact these areas. The Act provides a framework for the protection of the environment, including the regulation of trade in native specimens to ensure sustainable practices and conservation efforts. This legislative instrument amends the list of exempt native specimens under the Act by adding specimens taken in the Queensland Eel Fishery, provided they comply with certain conditions and restrictions. These amendments aim to balance ecological conservation with legitimate fishing practices, ensuring that native fish and invertebrate populations are sustainably managed while allowing for regulated trade. The inclusion of these specimens in the list is subject to specific conditions, including that the specimens were taken lawfully and that they remain on the list until 3 November 2009. This amendment was made by Ian Cresswell, as the Delegate of the Minister for the Environment and Heritage, in accordance with the authority granted under the Act. The policy objective is to maintain a regulatory framework that supports the conservation of native species while allowing for controlled and lawful trade, thereby protecting both biodiversity and the interests of the fishing industry.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to any person or entity engaging in activities that may impact on matters of national environmental significance in Australia. Specifically, this legislative instrument amends the list of exempt native specimens under section 303DB of the Act by including specimens that are or are derived from fish or invertebrates taken in the Queensland Eel Fishery, excluding those that belong to species listed under Part 13 of the Act. This amendment is subject to the condition that the specimens or the fish or invertebrate from which they are derived must have been taken lawfully, and they remain exempt only until 3 November 2009. This legislative instrument, issued by the Delegate of the Minister for the Environment and Heritage, extends the application of the Act to certain marine specimens within the specified fishery, while maintaining the overarching environmental protections provided by the Act. The jurisdictional reach of this amendment is national, given the Commonwealth's responsibility under the Act for protecting and managing environmental matters of national significance.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by modifying the list of exempt native specimens under section 303DB (1). Specifically, it adds specimens of fish or invertebrates, other than those belonging to species listed under Part 13 of the Act, taken in the Queensland Eel Fishery. These additions are subject to certain conditions (section 303DB(2)). The inclusion of these specimens in the list of exempt native specimens is conditional upon two main criteria: the specimens must be taken lawfully, and they are included in the list only until 3 November 2009. The obligations imposed by this legislative instrument require that any person dealing with the specified specimens must ensure that they were taken lawfully. This includes adherence to the management regime established under the Queensland Fisheries Act 1994 and the Fisheries Regulation 1995. The amendment specifies a temporal limit, meaning that the exemption applies only until 3 November 2009, after which the specimens may no longer be exempt from the regulatory requirements of the Act. The legislative instrument also outlines potential consequences for breaches of the conditions set forth. While specific offences and penalties are not detailed in this particular instrument, breaches of the Act generally can result in both civil and criminal penalties. Civil penalties can include fines, and in more severe cases, criminal penalties may apply. These can include imprisonment, with the maximum penalties varying depending on the specific breach and the jurisdiction. It is important to note that any person found to be in violation of the conditions may face these consequences, which are determined in accordance with the relevant sections of the Act.