Amendment of List of Exempt Native Specimens - New South Wales Ocean Trap and Line Fishery (conditions)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework for the protection and management of the environment, particularly in relation to biodiversity conservation and the regulation of activities that may impact upon it. This Act was introduced by the Commonwealth Parliament to provide a national legislative framework for the protection of the environment and to regulate activities that may have a significant impact on it. The policy objective of this legislation is to ensure the sustainable use of natural resources and the protection of biodiversity, ecosystems, and heritage values. In this context, the 2013 amendment to the list of exempt native specimens under the EPBC Act, as delegated by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, serves to adjust the conditions for the inclusion of certain fish and invertebrate specimens derived from the New South Wales Ocean Trap and Line Fishery. This amendment ensures that these specimens remain exempt from certain regulatory requirements under the EPBC Act until 6 March 2014, provided they are taken lawfully and fall outside the species listed under Part 13 of the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and individuals involved in activities that may impact the environment, including those engaged in the trade of native specimens. This particular amendment concerns the list of exempt native specimens, specifically modifying the conditions under which specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, can be taken in the New South Wales Ocean Trap and Line Fishery. This amendment is applicable within the jurisdictional reach of the Commonwealth of Australia and affects the fishing industry in New South Wales. The exemption applies until 6 March 2014 and is contingent upon the specimens being taken lawfully. The amendment does not extend or restrict application through subordinate instruments but rather directly alters the conditions under which certain native specimens are exempt from additional regulatory scrutiny under the EPBC Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended to modify the list of exempt native specimens as per section 303DC(1) (section 303DB). This amendment specifically affects specimens that are or are derived from fish or invertebrates, excluding those that belong to species listed under Part 13 of the EPBC Act, taken in the New South Wales Ocean Trap and Line Fishery. This fishery is defined under the New South Wales Fisheries Management (Ocean Trap and Line Share Management) Regulation 2006, which operates under the New South Wales Fisheries Management Act 1994. The changes to the list involve revoking the previous conditions and imposing new ones, effective from the date of amendment until 6 March 2014. The new conditions require that the specimens or the fish or invertebrate from which they are derived must have been taken lawfully. Under the amended conditions, entities involved in the New South Wales Ocean Trap and Line Fishery must ensure that any specimens they handle meet the specified criteria. Specifically, they must verify that the specimens are derived from fish or invertebrates that were taken lawfully, and they must ensure these specimens are included in the list of exempt native specimens until the specified date, 6 March 2014. This requirement imposes an obligation on these entities to maintain compliance with the newly imposed conditions, ensuring adherence to the legal standards set out by the EPBC Act. Breach of the provisions set out in the amendment may result in significant legal consequences. While the specific penalties are not detailed in the amendment, under the EPBC Act, penalties for non-compliance can include substantial fines and potential imprisonment. For example, under section 474 of the EPBC Act, an individual may face a fine of up to $222,200 or imprisonment for up to two years, or both, for contravening the Act. For corporate entities, the fines can be even higher, potentially reaching millions of dollars, reflecting the serious nature of environmental protection and biodiversity conservation. These penalties underscore the importance of strict compliance with the Act's requirements.