COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Amendment of List of Exempt Native Specimens
I, GEOFF RICHARDSON, Assistant Secretary, Marine Biodiversity and Biosecurity Branch, as Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, pursuant to subsection 303DC(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), hereby amend the list of exempt native specimens established under section 303DB of the EPBC Act by revoking the conditions to which the inclusion of the following item in the list on 25 July 2008 is subject:
- Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the New South Wales Ocean Hauling Fishery, as defined in the Fishery Management Strategy for the Ocean Hauling Fishery made under the New South Wales Fisheries Management Act 1994
and imposing the following conditions to which inclusion of the specimens in the list is subject:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 31 January 2014.
Dated this 21st day of June 2013
Delegate of the Minister for Sustainability, Environment, Water, Population and Communities
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly the nation's biodiversity and matters of national environmental significance. This Act was introduced to address the need for a comprehensive legal framework that would enable the protection of the environment from significant impacts of proposed actions, including those that may be caused by federal activities, certain activities outside Australian jurisdiction, and transboundary movements of controlled goods. The Act is administered by the Parliament of Australia, aiming to balance environmental protection with economic and social considerations.
This specific legislative amendment, made on 21 June 2013 by the Assistant Secretary of the Marine Biodiversity and Biosecurity Branch, acting as the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, adjusts the list of exempt native specimens under section 303DB of the EPBC Act. The amendment revokes certain conditions that previously applied to specimens taken in the New South Wales Ocean Hauling Fishery and replaces them with new conditions, including the requirement that the specimens must be taken lawfully and remain listed until 31 January 2014. The policy objective behind this amendment is to ensure that the regulation of native specimens taken in the specified fishery aligns with the broader goals of the EPBC Act, particularly in terms of sustainable use and conservation of marine biodiversity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the management and protection of the environment and biodiversity in Australia. This specific legislative amendment modifies the list of exempt native specimens by removing certain conditions and imposing new ones regarding specimens derived from fish or invertebrates taken within the New South Wales Ocean Hauling Fishery. The amendment applies to specimens of fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, and is limited to those lawfully taken in the specified fishery. The amendment imposes a temporal condition, making the specimens exempt until 31 January 2014. The geographic reach of this Act is national, and while the Act itself governs the exemption, further details and regulations may be extended or restricted through subordinate instruments.
Key Provisions
The main operative sections of this Gazette concern the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s 303DC(1)). This amendment effectively revokes the previous conditions that applied to the inclusion of certain specimens in the list and imposes new conditions. Specifically, specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the New South Wales Ocean Hauling Fishery, will now be included in the list without the previous conditions, provided they were taken lawfully and are included until 31 January 2014 (s 303DB).
The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, any specimens that qualify for inclusion in the amended list must be derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act. Furthermore, these specimens must have been taken within the New South Wales Ocean Hauling Fishery and must have been taken lawfully, adhering to the relevant fishing regulations and laws. The inclusion of these specimens in the list is also time-bound, as they will only be included until 31 January 2014, ensuring the amendment is temporary and subject to review.
The Gazette outlines the consequences of breaching the provisions of the EPBC Act. While the Gazette itself does not detail specific offences or penalties, the overarching Act provides for both civil and criminal penalties. For instance, under section 528 of the EPBC Act, individuals or entities found guilty of contravening the Act could face significant fines, with the maximum penalty varying based on the severity of the offence. In cases of criminal breaches, the maximum penalty could include imprisonment for individuals, reflecting the seriousness with which the legislation treats non-compliance with environmental protection laws. The exact penalties are determined by the court based on the nature and extent of the breach.