Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a unified national framework to protect and manage Australia's environment, particularly focusing on biodiversity conservation and the prevention of significant environmental harm. This Act, administered by the Australian Government, aims to ensure that the impact of proposed actions on the environment, including native flora and fauna, is properly assessed and managed. The legislative instrument in question amends the list of exempt native specimens under the EPBC Act by specifically including certain fish and invertebrate specimens from the Kimberley Prawn Managed Fishery, provided they are taken lawfully and are not species listed under Part 13 of the Act. This amendment is subject to the condition that it remains in effect until 30 November 2009, aiming to balance sustainable fisheries management with biodiversity conservation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a comprehensive legislative framework in Australia for the protection of the environment and biodiversity, with particular attention to the regulation of activities that may impact upon matters of national environmental significance. The Act applies to a wide range of entities, including individuals, corporations, and government bodies, and covers diverse industries and activities that might have environmental implications. This includes the regulation of trade in native specimens, aiming to conserve Australia's unique biodiversity. The jurisdictional reach of the Act is national, extending across the Commonwealth of Australia, including its territories. The legislative instrument in question specifically amends the list of exempt native specimens under section 303DB of the EPBC Act by including certain fish and invertebrate specimens taken in the Kimberley Prawn Managed Fishery, subject to the condition that these specimens are derived lawfully and are not from species listed under Part 13 of the Act. This amendment is effective until 30 November 2009, and the application of the Act may be further refined through subordinate instruments as deemed necessary by the relevant authorities.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by adding certain specimens to the list of exempt native specimens under section 303DB (1). Specifically, the amendment includes specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken within the Kimberley Prawn Managed Fishery as defined in the Kimberley Prawn Management Plan 1993 under the Western Australian Fish Resources Management Act 1994. This inclusion is subject to the condition that the specimens were taken lawfully and will remain on the list until 30 November 2009. Under the amended Act, certain obligations and requirements are imposed on the parties or entities involved. The primary obligation is that any specimens derived from fish or invertebrates, except those belonging to species listed under Part 13 of the Act, must be taken lawfully within the defined fishery area. This ensures that the specimens are harvested in compliance with relevant fishery regulations and management plans, thereby maintaining ecological balance and sustainability. Additionally, the inclusion of these specimens on the list of exempt native specimens is temporary, lasting only until 30 November 2009, after which they will no longer be exempt unless further amendments are made. Breach of the conditions specified in the legislative instrument can lead to various civil and criminal consequences. Although the specific penalties are not detailed within the instrument itself, under the general provisions of the Environment Protection and Biodiversity Conservation Act 1999, offences related to non-compliance with wildlife protection laws can result in substantial fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but they can include fines of up to $1.1 million for corporations and $220,000 for individuals, as well as imprisonment terms that can extend to several years, depending on the jurisdiction and the specific offence committed. These potential consequences underscore the importance of adhering to the legal requirements set forth in the Act and the legislative instrument.