Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance. It was introduced to address the need for a comprehensive framework to manage and protect Australia's biodiversity and environment, ensuring that development and resource use do not adversely impact the environment. The Act was passed by the Parliament of Australia, with the objective of integrating environmental considerations into decision-making processes. This legislative instrument, dated 7 May 2003, amends the list of exempt native specimens under section 303DB of the Act to include certain fish and invertebrate specimens from the New South Wales Estuary General Fishery, subject to specific conditions and restrictions. The Minister for the Environment and Heritage, David Alistair Kemp, exercised his powers under subsection 303DC(1) of the Act to make this amendment, ensuring that the specimens remain exempt until 25 April 2008, provided they were taken lawfully.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by this legislative instrument, pertains to the regulation of activities impacting native specimens, specifically fish and invertebrates. This amendment to the list of exempt native specimens applies to specimens taken in the New South Wales Estuary General Fishery, excluding those belonging to any eligible listed threatened species. The legislative amendment serves to clarify and modify the environmental protections and conservation measures associated with these specimens. The inclusion of these specimens on the exempt list is contingent on the conditions that they must be lawfully taken and that they remain exempt until 25 April 2008. This legislative change does not extend beyond the geographic boundaries of the New South Wales Estuary General Fishery, focusing its application on this specific area. The Act allows for further detailing and specific conditions through subordinate instruments, ensuring that the legislative framework remains adaptable to changing circumstances and conservation needs.

Key Provisions

The main operative sections of this legislative instrument pertain to the amendment of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(1) empowers the Minister for the Environment and Heritage to modify the list of exempt native specimens under section 303DB. This amendment (paragraph 2) introduces specimens from fish or invertebrates taken in the New South Wales Estuary General Fishery into the list of exempt specimens, provided they do not belong to an eligible listed threatened species. This inclusion is subject to certain conditions and restrictions (paragraph 3). The Act imposes clear obligations on parties and entities governed by it. Firstly, any person or entity handling or trading these specimens must ensure that the specimens, or the fish or invertebrates from which they are derived, were taken in accordance with the law (section 303DB). This requirement ensures that the ecological and legal standards are upheld in the collection and use of these specimens. Furthermore, the exemption from certain protections under the Act is conditional and only applies until 25 April 2008, after which the specimens may no longer be exempt unless further amended by the Minister. Failing to comply with the conditions and requirements set forth in the Act can lead to various legal consequences. While the specific offences and penalties are not detailed in this legislative instrument, breaches of the EPBC Act generally can result in substantial fines and, in severe cases, imprisonment. The Act encompasses both civil and criminal penalties, with the exact penalties dependent on the nature and severity of the breach. For instance, knowingly contravening the conditions related to the handling of native specimens can attract fines of up to $222,200 for individuals and significantly higher amounts for corporations, alongside potential criminal charges. Additionally, there may be other civil remedies available, such as injunctions or compensation orders, to address any harm caused by non-compliance.