Amendment of List of Exempt Native Specimens - New South Wales Ocean Hauling Fishery (inclusion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection and conservation of Australia’s biodiversity, particularly in relation to actions that might have a significant impact on matters of national environmental significance. This Act provides the legislative framework for the protection of native species, ecosystems, and their habitats from potential harm. Pursuant to the EPBC Act, the Minister for the Environment, through a delegate, has the authority to amend the list of exempt native specimens. This particular amendment, gazetted on 19 December 2013, includes specimens from fish or invertebrates taken in the New South Wales Ocean Hauling Fishery under certain conditions, specifically those that are not from species listed under Part 13 of the EPBC Act. The amendment is subject to the condition that the specimens must be taken lawfully and are included in the list until 27 June 2014, thereby providing a temporary exemption while ensuring compliance with existing fisheries regulations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a pivotal piece of legislation in Australia, designed to protect and manage the nation’s biodiversity and environment. This Act applies to all persons, entities, industries, and conduct within the jurisdiction of the Commonwealth of Australia, providing a national framework for environmental protection. It extends to cover activities that may have a significant impact on matters of national environmental significance, which include World Heritage properties, national heritage places, wetlands of international significance, listed threatened species and ecological communities, and the marine environment. The Act also governs the trade and transport of native specimens, impacting various industries including fishing and wildlife trade. The legislation allows for the amendment of the list of exempt native specimens, as evidenced by the recent amendment which includes certain fish and invertebrate specimens taken in the New South Wales Ocean Hauling Fishery, subject to specific conditions and restrictions. This amendment is effective until 27 June 2014 and is subject to the specimens being taken lawfully and being derived from species not listed under Part 13 of the EPBC Act. The Act’s application can be extended or restricted through subordinate instruments, ensuring its provisions can be adapted to changing circumstances and new information.

Key Provisions

The main operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are section 303DC(1), which allows the Minister for the Environment to delegate the authority to amend the list of exempt native specimens, and section 303DB, which establishes the list of exempt native specimens. Section 303DC(1) provides that the Assistant Secretary, Wildlife Trade and Biosecurity Branch, can act as a delegate to include certain specimens in this list. Section 303DB ensures the existence of a list of exempt native specimens, which is updated through amendments such as this one. This specific amendment includes specimens that are or are derived from fish or invertebrates taken in the New South Wales Ocean Hauling Fishery as defined in the New South Wales Fisheries Management (Ocean Hauling Share Management Plan) Regulation 2006, provided they are not from species listed under Part 13 of the EPBC Act. These specimens are included in the list until 27 June 2014, and the inclusion is subject to the conditions that the specimens were taken lawfully and are included only until the specified date. The obligations and requirements imposed by this amendment on the parties or entities it governs are primarily focused on compliance with the conditions under which the specimens are exempt. Entities involved in the New South Wales Ocean Hauling Fishery must ensure that the fish or invertebrate specimens they handle are taken lawfully and are not from species listed under Part 13 of the EPBC Act. This requirement ensures that the trade and possession of these specimens do not contravene biodiversity conservation laws during the specified period. Furthermore, the specimens can only be included in the list of exempt native specimens until 27 June 2014, which means that any trade or possession beyond this date would need to comply with other provisions of the EPBC Act. Any breaches of the conditions set out in this amendment, such as taking specimens unlawfully or exceeding the specified date for exemption, may have civil and criminal consequences. Under the EPBC Act, breaches can lead to fines and other penalties. For instance, taking specimens in contravention of the conditions could result in a fine of up to $222,200 for individuals and up to $1,111,000 for corporations. Additionally, individuals found guilty of such offences may face imprisonment for up to two years, while corporations may face imprisonment for up to five years. These penalties underscore the importance of adhering to the conditions and the serious implications of non-compliance.