Amendment of List of Exempt Native Specimens - New South Wales Estuary General Fishery (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Commonwealth Parliament to address the protection of Australia's unique biodiversity and environmental heritage. The Act provides a comprehensive framework for the assessment and approval of actions that may impact matters of national environmental significance, such as endangered species and ecosystems, World Heritage properties, and Ramsar-listed wetlands. The 2013 amendment to the list of exempt native specimens under the EPBC Act was introduced to refine the regulatory oversight on native species, particularly those taken in specific fisheries, with the aim of ensuring better alignment with conservation goals and international obligations. This amendment was made by Paul Murphy, Assistant Secretary of the Wildlife Trade and Biosecurity Branch, acting as the Delegate of the Minister for the Environment, pursuant to the powers granted under the EPBC Act. The policy objective behind this specific amendment was to remove certain native fish and invertebrate specimens from the list of exempt native specimens, thus increasing scrutiny and regulatory control over their collection and trade. This change aimed to better protect these species by ensuring that they are subject to the EPBC Act's assessment processes, which include considerations of their conservation status and the potential impacts of their exploitation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth statute that aims to protect and manage the environment and biodiversity, including native flora and fauna, ecosystems, and heritage places. This legislation applies to individuals, entities, and industries that engage in activities that may impact the environment or biodiversity. The Act's jurisdiction extends across the entire Commonwealth of Australia, providing a national framework for environmental protection and biodiversity conservation. The Act's application may be extended or restricted through subordinate instruments, such as regulations or guidelines, which can provide further detail on specific activities or sectors. In this instance, the Act amends the list of exempt native specimens by removing certain fish and invertebrate specimens taken in the New South Wales Estuary General Fishery from the list of exempt items. This amendment highlights the Act's focus on protecting and managing native species and their habitats, while also recognising the importance of sustainable fisheries management. The exclusion of certain species listed under Part 13 of the EPBC Act from this amendment further demonstrates the Act's targeted approach to conservation, ensuring that only those species that require protection are subject to the restrictions imposed by the legislation. By deleting the specified specimens from the list of exempt items, the Act aims to strengthen the protection of native fish and invertebrate populations in the New South Wales Estuary General Fishery, thereby contributing to the overall goal of preserving Australia's unique and diverse biodiversity.

Key Provisions

The primary operative section of this amendment (section 303DC(1)) allows the Minister for the Environment to delegate the authority to modify the list of exempt native specimens under section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This amendment (EPBC303DC/SFS/2013/64) specifies the removal of certain fish and invertebrate specimens from the list of exempt native specimens. Specifically, it removes specimens taken in the New South Wales Estuary General Fishery, excluding those belonging to species listed under Part 13 of the EPBC Act. This change is effective as of the date of the amendment, which is the 19th day of December 2013. The Act imposes several obligations and requirements on parties or entities governed by it. Firstly, it mandates that any dealings with native specimens must comply with the updated list of exempt native specimens. This means that any person or entity involved in the trade or movement of these specimens must ensure they are not in breach of the amended regulations. Additionally, they must be able to demonstrate compliance with any new requirements that come into effect as a result of this amendment. Accurate record-keeping and adherence to the new specifications outlined in the EPBC Act are essential to avoid non-compliance. Breach of the provisions under the EPBC Act can lead to various consequences, including both civil and criminal penalties. Civil penalties may include fines up to a significant amount, as stipulated by the Act, for non-compliance with the regulations regarding the trade and movement of native specimens. Additionally, there could be criminal penalties, which may include imprisonment, for more severe breaches, especially those involving endangered species or significant environmental harm. The exact penalties depend on the nature and severity of the breach, but they are designed to enforce compliance and protect Australia’s biodiversity.