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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework to protect and manage Australia's biodiversity and heritage, ensuring that environmental factors are considered in decision-making processes. This Act empowers the federal government to regulate activities that may have a significant impact on the environment, including the trade of native specimens. The legislative amendment announced in the Gazette on 4 March 2014, signed by Paul Murphy as the Delegate of the Minister for the Environment, modifies the list of exempt native specimens under the EPBC Act. This amendment revokes certain conditions for specimens taken in the New South Wales Ocean Trap and Line Fishery, subjecting them to new conditions that require the specimens to be taken lawfully and including them in the list until 8 May 2014. The policy objective of this amendment is to refine the regulatory framework governing the trade and conservation of native specimens, ensuring compliance with legal fishing practices while maintaining protections for endangered species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any person or entity involved in activities that may impact on matters of national environmental significance, including the trade and movement of native specimens. This particular amendment to the list of exempt native specimens under section 303DB of the EPBC Act pertains to specimens taken in the New South Wales Ocean Trap and Line Fishery, excluding those that belong to species listed under Part 13 of the EPBC Act. The amendment revokes previous conditions subject to the inclusion of these specimens in the list from 10 November 2010 and imposes new conditions, specifying that the specimens must have been taken lawfully and remain included in the list until 8 May 2014. This legislative change, executed by the Delegate of the Minister for the Environment, ensures compliance with the EPBC Act while providing temporary relief for certain native specimens derived from the specified fishery.

Key Provisions

The primary operative sections of the EPBC Act, as amended, involve the revocation of certain conditions previously imposed on the inclusion of native specimens derived from fish or invertebrates taken in the New South Wales Ocean Trap and Line Fishery, as defined in the New South Wales Fisheries Management (Ocean Trap and Line Share Management) Regulation 2006 (sections 303DB and 303DC). Specifically, the amendment removes the conditions that were subject to the inclusion of these specimens in the list of exempt native specimens on 10 November 2010, and instead imposes new conditions. Under the revised conditions, specimens derived from fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act, must be taken lawfully and are included in the list until 8 May 2014. The Act imposes certain obligations and requirements on the parties or entities it governs. For example, any specimens derived from fish or invertebrates taken under the New South Wales Ocean Trap and Line Fishery must be taken in accordance with applicable laws and regulations, ensuring they meet the criteria of being taken lawfully. Additionally, the Act specifies that these specimens are included in the list of exempt native specimens until a specified date, namely 8 May 2014. Compliance with these conditions is essential for ensuring that the specimens remain exempt from certain regulatory controls during the specified period. Failure to comply with the provisions of the EPBC Act, including the conditions outlined in the amendment, can lead to various consequences. The Act includes provisions for both civil and criminal penalties for breaches. Civil penalties may include fines, while criminal penalties can include imprisonment. The maximum penalties for breaches of the Act are detailed in other sections of the legislation, although the specific figures are not provided in this particular amendment. Compliance with the Act is crucial to avoid these potential penalties and ensure adherence to environmental protection and biodiversity conservation objectives.