Amendment of List of Exempt Native Specimens - New South Wales Estuary General Fishery, New South Wales Ocean Hauling Fishery, Victorian Rock Lobster Fishery (11/09/2015)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the conservation of biodiversity and ecological processes, and to ensure that the Commonwealth's international obligations are met in relation to the protection of the environment. This legislation was introduced to address the need for a comprehensive framework to manage and protect Australia's unique biodiversity and ecological assets. The Act provides for the protection of the environment, particularly the conservation of biodiversity and ecological processes, and to ensure that the Commonwealth's international obligations are met in relation to the protection of the environment. The EPBC Act is administered by the Commonwealth Government, and its policy objectives include the preservation of Australia's unique biodiversity and the sustainable use of natural resources. On 11 September 2015, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, amended the list of exempt native specimens under the EPBC Act by revoking the conditions to which the inclusion of certain fish and invertebrate specimens in the list was subject. These specimens, which are or are derived from fish or invertebrates and not belonging to species listed under Part 13 of the EPBC Act, were taken in specific fisheries in New South Wales and Victoria. The amendment imposed new conditions, including that the specimens were taken lawfully and that they remain included in the list until 24 June 2016. This amendment reflects a targeted approach to managing and protecting certain native species within specified fisheries, aligning with the overarching policy objectives of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a pivotal piece of legislation in Australia for the protection of the environment, particularly biodiversity. This Act applies to various entities and industries that may impact the environment, including individuals, corporations, and government agencies. Its primary function is to regulate activities that could potentially harm the environment, including the trade and transportation of native specimens. Specifically, the Act was invoked to amend the list of exempt native specimens, focusing on fish and invertebrate specimens derived from certain fisheries in New South Wales and Victoria. The geographic reach of this amendment is limited to the specified fisheries within these states. The amendment excludes specimens belonging to species listed under Part 13 of the EPBC Act, which are already subject to stringent protections. The conditions imposed require that these specimens be taken lawfully and remain exempt until 24 June 2016. This legislative amendment is an example of how the EPBC Act extends its application through subordinate instruments to regulate environmental protection in a targeted and time-bound manner.

Key Provisions

The key operative sections of the C2015G01574 Gazette revolve around the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303DB). Specifically, section 303DC(1) authorises the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, to amend the list of exempt native specimens. This amendment revokes the existing conditions on certain specimens and imposes new conditions, as outlined in the Gazette. The specified specimens include those derived from fish or invertebrates taken from specific fisheries in New South Wales and Victoria, excluding those from species listed under Part 13 of the EPBC Act. Under the amended provisions, the obligations imposed on the parties or entities governed by this legislation are primarily concerned with compliance with the newly imposed conditions. The specimens must be taken lawfully from the specified fisheries, and they must be included in the list of exempt native specimens until 24 June 2016. This means that any person or entity handling or trading these specimens must ensure that they adhere to the legal requirements set out in the Gazette, including the lawful sourcing and the timeframe for inclusion in the list. In terms of the consequences for breach, the Gazette does not explicitly outline specific offences or penalties. However, it is understood that breaches of the EPBC Act or its regulations could result in various civil and criminal consequences. Under the EPBC Act, penalties for breaches can include fines and imprisonment. For example, under section 476 of the Act, a person who commits a civil penalty offence can face a fine of up to $66,600 for an individual offence or $333,000 for a continuing offence. Additionally, section 517 of the Act states that a person who commits a criminal offence can face imprisonment for up to two years or a fine of up to $222,000, or both. These penalties reflect the seriousness with which the Australian government treats breaches of environmental protection laws.