Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, addresses the need to protect and conserve Australia's biodiversity and environmental heritage. This Act provides a framework for the protection of the environment, including native species and ecosystems, by regulating activities that may impact them. One of the mechanisms through which the Act operates is by maintaining a list of exempt native specimens, which are those that may be taken or traded without a permit under certain conditions. In 2003, the Minister for the Environment and Heritage amended this list to include specimens derived from fish or invertebrates taken in the Western Australian Exmouth Gulf Prawn Managed Fishery, subject to specific conditions ensuring the legality of their harvest and a temporary inclusion until 11 February 2008. This amendment reflects the policy objective of balancing environmental protection with sustainable use of natural resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection and conservation of environmental assets of national and international significance. This legislative instrument amends the list of exempt native specimens under section 303DC of the EPBC Act to include specific specimens derived from fish or invertebrates taken in the Western Australian Exmouth Gulf Prawn Managed Fishery. This inclusion is limited to specimens that do not belong to an eligible listed threatened species and is contingent upon the specimens being taken lawfully. The exemption applies to these specimens until 11 February 2008. The Act's jurisdiction extends across the Commonwealth of Australia, applying to any person or entity involved in the specified activities within the designated geographic area. The Act does not specify exclusions or exemptions beyond those outlined in the legislative instrument, although it should be noted that any activities involving listed threatened species remain subject to other provisions of the EPBC Act. The scope of the Act can be further defined and extended through subordinate instruments, ensuring comprehensive regulation of the specified activities.

Key Provisions

The legislative instrument, dated 12 March 2003, amends the Environment Protection and Biodiversity Conservation Act 1999 by including certain specimens in the list of exempt native specimens (section 303DB). Specifically, the instrument includes specimens that are or are derived from fish or invertebrates taken in the Western Australian Exmouth Gulf Prawn Managed Fishery, as defined in the Exmouth Gulf Prawn Management Plan 1989 (section 303DC(1)). These specimens are exempt from certain provisions of the Act, subject to certain conditions. Importantly, the exemption only applies to specimens that do not belong to an eligible listed threatened species. This inclusion is conditional upon the specimens being taken lawfully, and the exemption is valid until 11 February 2008. Under this legislative instrument, several obligations and requirements are imposed on the parties involved. Firstly, any person taking fish or invertebrate specimens in the Exmouth Gulf Prawn Managed Fishery must ensure that the specimens are taken lawfully to qualify for the exemption. This means that the taking must comply with all applicable regulations and laws, including those established under the Fish Resources Management Act 1994 (WA). Additionally, the exemption is strictly time-bound, applying only until 11 February 2008. Beyond this date, the specimens would no longer be exempt under the Act, and would be subject to the full provisions of the Environment Protection and Biodiversity Conservation Act 1999. The legislative instrument also outlines potential consequences for non-compliance. If a person takes specimens in a manner that does not comply with the conditions set out in the Act, they may face legal repercussions. However, the specific offences, penalties, or consequences for breach are not detailed in the legislative instrument itself. In general, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can result in both civil and criminal penalties. Civil penalties can include substantial fines, while criminal penalties can include imprisonment, depending on the severity and intent of the breach. The exact penalties would be determined by a court, taking into account the specific circumstances of the case.