Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the protection of the environment, particularly biodiversity, and to manage and control activities that may impact upon it. The Act provides a comprehensive framework for the conservation of native species and ecosystems, and the sustainable use of natural resources. This legislative instrument amends the list of exempt native specimens under the Act by including certain specimens taken in the Queensland Marine Specimen Shell Collection Fishery. The inclusion of these specimens in the list is subject to specific conditions, including that the specimens must be taken lawfully and are only included until 12 November 2009. The policy objective of this amendment is to facilitate the sustainable management of the fishery while ensuring that the protection of native species and ecosystems is maintained. This amendment is made under the authority of the Minister for the Environment and Heritage, by Ian Cresswell, as the Delegate of the Minister, in accordance with the provisions of the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to a wide range of entities and persons within the Commonwealth of Australia, including individuals, businesses, and government bodies, where their activities may impact on matters of national environmental significance. This legislation specifically targets the protection of native specimens, and its amendment, as outlined in the legislative instrument F2005B02234, focuses on the inclusion of certain specimens derived from fish or invertebrates within the list of exempt native specimens. These amendments apply to specimens taken in the Queensland Marine Specimen Shell Collection Fishery, provided they comply with the relevant definitions and management regimes under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 1995. Notably, this exemption is contingent upon the specimens being lawfully taken and is in effect until 12 November 2009. The Act's broad jurisdictional reach encompasses both state and federal levels, ensuring comprehensive protection and management of native specimens across Australia.

Key Provisions

The main operative sections of this legislative instrument (F2005B02234) involve amendments to the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, it adds certain specimens to the list of exempt native specimens under section 303DB of the Act (section 1). These specimens include fish or invertebrate specimens, excluding those belonging to species listed under Part 13 of the Act, taken within the Queensland Marine Specimen Shell Collection Fishery, as defined by the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 1995. This inclusion is subject to specific conditions, as detailed in the instrument (section 2). The obligations imposed by this Act on parties or entities it governs are primarily related to compliance with the listed conditions for exempt specimens. Entities must ensure that the specimens in question are taken lawfully and are included on the list only until 12 November 2009. This requirement means that any specimens taken after this date would no longer be exempt under the Act, unless otherwise specified by further legislation or regulation. Compliance with these conditions is crucial for avoiding any legal repercussions under the Act. Under this Act, there are specific consequences for breaches of the conditions or requirements set forth. Although the legislative instrument does not explicitly outline penalties or offences, the Act itself provides a framework for enforcement. Breaches of the Act can lead to civil or criminal penalties, with the latter potentially including fines and imprisonment, depending on the severity and nature of the breach. The maximum penalties are detailed in the Act and can vary based on the specific provisions violated. Entities must adhere strictly to the conditions to avoid potential legal action, including fines or other legal consequences as stipulated by the Act.