Amendment of List of Exempt Native Specimens - Gascoyne Demersal Scalefish Managed Fishery (conditions)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and manage Australia's environment, including its biodiversity. This Act aims to provide a coordinated approach to environmental protection by establishing a list of matters of national environmental significance and regulating activities that may impact these matters. The policy objective is to ensure that environmental considerations are integrated into decision-making processes, thereby protecting and conserving Australia's unique ecosystems and species. This specific amendment to the EPBC Act, issued by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as a Delegate of the Minister for the Environment, involves changes to the list of exempt native specimens. The amendment revokes certain conditions for specimens derived from fish or invertebrates taken in the Gascoyne Demersal Scalefish Managed Fishery and imposes new conditions, including that the specimens must be taken lawfully and be included in the list until 4 December 2015. This adjustment aims to refine the regulatory framework for managing native specimens, ensuring compliance with both federal and state fisheries management plans.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies broadly to the protection of the environment and biodiversity in Australia. This legislation governs various aspects of environmental protection, including the regulation of activities that may have a significant impact on matters of national environmental significance. Specifically, this amendment to the Act pertains to the list of exempt native specimens, which is adjusted to include certain specimens derived from fish or invertebrates taken in the Gascoyne Demersal Scalefish Managed Fishery, provided they do not belong to species listed under Part 13 of the Act. The amendment removes previous conditions tied to the inclusion of these specimens, while imposing new conditions: the specimens must be taken lawfully, and they remain exempt only until 4 December 2015. The Act's jurisdiction extends nationally, impacting fisheries and biodiversity conservation across Australia, and is administered by the Commonwealth government in collaboration with state and territory authorities. This amendment ensures that while certain fish and invertebrate specimens are temporarily exempt from stringent regulations, they must still comply with lawful fishing practices and remain within the specified timeframe.

Key Provisions

The main operative sections of this amendment concern the revision of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(1) allows the Assistant Secretary, Wildlife Trade and Biosecurity Branch, to amend the list of exempt native specimens by revoking previous conditions. As per this amendment, specimens that are or are derived from fish or invertebrates taken in the Gascoyne Demersal Scalefish Managed Fishery, provided they are not species listed under Part 13 of the Act, are now exempt from certain regulatory requirements (section 303DB). However, these exemptions are subject to two conditions: the specimens must be taken lawfully, and they are included in the list only until 4 December 2015. The obligations imposed by this Act on the parties and entities it governs are primarily concerned with ensuring that any specimens derived from the specified fishery are taken lawfully. This means that any fishing activities must comply with relevant laws and regulations, including those of the Western Australian Fish Resources Management Act 1994. Additionally, any entities or individuals involved in the collection, handling, or trade of these specimens must adhere to the specified conditions, ensuring that they do not engage in any illegal activities. The time-bound nature of the exemption, ending on 4 December 2015, also necessitates that proper records and documentation are maintained to demonstrate compliance during the allowable period. In terms of offences, penalties, or consequences for breach, the Act does not explicitly state penalties for non-compliance with the conditions outlined in this amendment. However, the general framework of the EPBC Act provides for potential civil and criminal penalties. Breaches of the EPBC Act can result in substantial fines and, in some cases, imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as any applicable state or territory laws. It is important to note that any unlawful taking of specimens or failure to comply with the specified conditions could lead to enforcement actions under the EPBC Act, which may include fines of up to $222,200 for individuals and $1,111,000 for corporations, along with potential criminal charges for serious or repeated breaches.