Amendment of List of Exempt Native Specimens - Finfish (Stout Whiting) Trawl Fishery, QLD (16/11/2004)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the nation's biodiversity, by preventing significant impacts from actions that can harm the environment. This legislation was introduced to address the need for a robust and comprehensive framework to safeguard Australia's unique ecosystems, flora, and fauna from detrimental anthropogenic influences. The Act is administered by the Australian Government and its policy objective is to integrate environmental considerations into decision-making processes across all sectors of the economy. This particular legislative instrument amends the list of exempt native specimens under the EPBC Act by including specimens taken from the Queensland Finfish (Stout Whiting) Trawl Fishery, provided they are derived from fish or invertebrates not listed under Part 13 of the Act and are taken lawfully. Additionally, these specimens must be covered by a declaration of an approved Wildlife Trade Operation under Section 303FN of the Act. This amendment is intended to facilitate sustainable fishing practices while ensuring that biodiversity conservation objectives are upheld. The enacting authority for this amendment is the Delegate of the Minister for the Environment and Heritage, acting pursuant to the powers conferred by the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the protection and management of native specimens, including fish and invertebrate species, across the Commonwealth of Australia. This Act is administered by the Minister for the Environment and Heritage, who has the authority to delegate certain powers, as evidenced by the amendment of the list of exempt native specimens. The amendment, specifically regarding specimens taken in the Queensland Finfish (Stout Whiting) Trawl Fishery, extends to specimens of fish or invertebrates that are not listed under Part 13 of the Act. The inclusion of these specimens in the list of exempt native specimens is contingent on certain conditions being met, namely that the specimens were taken lawfully and that they are covered by the declaration of an approved Wildlife Trade Operation under Section 303FN of the Act. This amendment, therefore, applies to the persons or entities involved in the Queensland Finfish (Stout Whiting) Trawl Fishery, and the conditions ensure that the trade of these specimens remains within legal and sustainable frameworks. The jurisdictional reach of the Act is national, extending throughout the Commonwealth of Australia.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999, as amended, includes provisions for the regulation of native specimens taken from Australian waters. Under section 303DB, the Act establishes a list of exempt native specimens, which are exempt from certain prohibitions and requirements of the Act. Section 303DC(1) empowers the Minister for the Environment and Heritage to amend this list, and in this case, specimens from the Queensland Finfish (Stout Whiting) Trawl Fishery have been included, subject to specific conditions (section 303DC(1)). These specimens must be lawfully taken and must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN. The obligations imposed by this amendment require that any specimens taken in the Queensland Finfish (Stout Whiting) Trawl Fishery meet the criteria of being lawfully taken and must be declared under an approved Wildlife Trade Operation. This means that the catch must adhere to all applicable laws and regulations governing the fishery, and any trade in these specimens must be conducted by an operation that has been approved and is compliant with relevant wildlife trade provisions. Furthermore, the specimens must not belong to species listed under Part 13 of the Act, ensuring that the amendment does not inadvertently exempt protected or endangered species from necessary protections. Failure to comply with the conditions set out in this amendment can lead to legal consequences. The Act does not specify particular offences or penalties in this legislative instrument, but generally, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can result in both civil and criminal penalties. Civil penalties can include fines up to a significant amount, depending on the severity and nature of the breach. Criminal penalties can include imprisonment, reflecting the seriousness with which the Australian government treats violations of environmental and biodiversity laws. The exact penalties would be determined in the context of a court proceeding based on the specific breach of the Act.