Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the sustainable use of Australia's biodiversity and its components. This legislation was introduced to address the need for a comprehensive legal framework that ensures the protection of the environment and biodiversity, alongside sustainable use and trade of native species. The EPBC Act was enacted by the Parliament of Australia, aiming to preserve and manage the country's environmental assets and natural heritage. The legislative instrument in question pertains to an amendment of the list of exempt native specimens under the EPBC Act. This amendment, made by the Assistant Secretary of the Wildlife Trade and Sustainable Fisheries Branch on behalf of the Minister for the Environment and Heritage, includes certain fish and invertebrate specimens taken in the Queensland Gulf of Carpentaria Line Fishery in the list of exempt native specimens. The inclusion of these specimens is subject to the conditions that they must be taken lawfully and must be covered by a declaration of an approved Wildlife Trade Operation. This amendment reflects the policy objective of regulating and monitoring the trade of native species to ensure compliance with environmental protection and conservation standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities and entities with the aim of protecting and conserving Australia's biodiversity and heritage. Specifically, this legislative instrument amends the list of exempt native specimens under section 303DB of the EPBC Act to include specimens that are or are derived from fish or invertebrates taken in the Queensland Gulf of Carpentaria Line Fishery. This amendment applies to specimens excluding those that belong to species listed under Part 13 of the Act, provided they were taken lawfully and are covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the Act. The jurisdictional reach of this Act is national, covering all Commonwealth waters and areas of national environmental significance. Any exclusions or conditions are explicitly stated within the legislative instrument itself, ensuring clarity and compliance for those engaging in activities covered by the Act.

Key Provisions

The primary sections of this legislative instrument (F2005B02220) amend the Environment Protection and Biodiversity Conservation Act 1999 by adding certain specimens to the list of exempt native specimens. Specifically, section 303DC(1) of the Act empowers the delegate to modify the list established under section 303DB. The amendment includes specimens that are or are derived from fish or invertebrates, excluding those from species listed under Part 13 of the Act, taken in the Queensland Gulf of Carpentaria Line Fishery. This inclusion is conditional on two primary requirements: first, that the specimens or the fish or invertebrate from which they are derived were taken lawfully; and second, that the specimens are covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the Act in relation to the fishery. The obligations imposed by this legislation on the parties involved are primarily concerned with compliance and adherence to the specified conditions. Firstly, any person or entity involved in the taking of fish or invertebrates in the Queensland Gulf of Carpentaria Line Fishery must ensure that these activities are conducted lawfully. This involves abiding by all relevant fishing regulations and obtaining any necessary permits or licenses. Secondly, the specimens must be part of a declaration by an approved Wildlife Trade Operation, ensuring that the trade and handling of these specimens are regulated and monitored to prevent any adverse environmental impacts. The legislation also delineates consequences for non-compliance. Breaching the conditions set out for the inclusion of specimens in the list of exempt native specimens could result in significant penalties. While the specific penalties are not detailed in this legislative instrument, the Act generally provides for substantial fines and, in some cases, imprisonment for violations. The severity of penalties reflects the importance of maintaining the ecological balance and ensuring sustainable practices in the management of native species and their habitats. The enforcement of these provisions is critical in upholding the integrity of the Environment Protection and Biodiversity Conservation Act 1999 and safeguarding Australia's biodiversity.