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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive legal framework that protects Australia's biodiversity and the environment. The Act provides for the protection of matters of national environmental significance, including World Heritage properties, national heritage places, wetlands of international significance, listed threatened species and ecological communities, and the marine environment. This legislation was introduced to ensure that environmental considerations are integrated into decision-making processes across various sectors and jurisdictions. The Act is administered by the Commonwealth Government and its primary policy objective is to prevent significant impacts on the environment, promoting sustainable use of natural resources. This amendment to the list of exempt native specimens under the EPBC Act, made by the Minister for Sustainability, Environment, Water, Population and Communities, aims to refine the regulatory approach towards certain native fish and invertebrate specimens taken in the New South Wales Estuary General Fishery. By revoking and imposing new conditions on the list, the amendment seeks to balance the need for sustainable fishing practices with the protection of biodiversity. The amendment ensures that specimens taken lawfully are exempt from certain EPBC Act controls until 31 January 2014, thereby providing clarity and certainty for stakeholders involved in the fishery.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any persons or entities involved in activities that have, will have, or are likely to have a significant impact on matters of national environmental significance, as defined in the Act. The geographic reach of the EPBC Act is national, meaning it applies across Australia and its territorial waters, external territories, and the Australian exclusive economic zone. The Act includes provisions that govern the taking of native specimens, with specific amendments applying to the list of exempt native specimens, which is relevant to entities involved in fishing activities within certain fisheries. This particular amendment pertains to specimens taken in the New South Wales Estuary General Fishery, as outlined in the Fishery Management Strategy under the New South Wales Fisheries Management Act 1994. The amendment modifies the conditions under which these specimens are exempt from certain EPBC Act requirements, ensuring that only specimens taken lawfully and derived from species not listed under Part 13 of the EPBC Act are exempt, and only until 31 January 2014. The application and scope of the Act can be further refined or expanded through subordinate instruments, which may include regulations or guidelines issued by the relevant Minister or delegate.

Key Provisions

The main operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involve the revocation of certain conditions attached to the listing of exempt native specimens (section 303DB) and the imposition of new conditions (section 303DC). Specifically, section 303DB refers to the list of exempt native specimens, while section 303DC allows the Minister to modify the conditions under which these specimens are exempt. In this instance, the conditions previously in place for specimens taken in the New South Wales Estuary General Fishery have been revoked, and new conditions have been established. The new conditions require that the specimens, or the fish and invertebrates from which they are derived, must have been taken lawfully (section 303DC(1)). Furthermore, these specimens will remain on the list of exempt native specimens until 31 January 2014 (section 303DC(1)). The amendment imposes specific obligations on the parties or entities it governs. Firstly, it mandates that any specimens, or fish and invertebrates derived from them, must have been taken in compliance with the law. This includes adherence to the New South Wales Fisheries Management Act 1994 and the Fishery Management Strategy for the Estuary General Fishery. Additionally, the amendment outlines a clear timeframe, with the specimens remaining exempt until 31 January 2014. This temporal limitation ensures that the exemption is not indefinite and must be reviewed or renewed if continued beyond the specified date. Failure to comply with the conditions outlined in the amendment could result in various legal consequences. While the specific penalties are not detailed in the text provided, breaches of the EPBC Act can generally lead to both civil and criminal penalties. Civil penalties may include fines, with the maximum penalty for contravening the EPBC Act being up to $666,000 for a corporation and $133,200 for an individual, as stipulated in section 528 of the Act. Criminal penalties could also apply, with potential imprisonment terms depending on the severity and frequency of the breach. The exact penalties would be determined by a court based on the specific circumstances of the offence.