Amendment of List of Exempt Native Specimens - New South Wales Ocean Trawl Fishery (conditions)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by regulating activities that have, will have or might have a significant impact on the environment. The Act was introduced to address the need for a comprehensive framework for environmental protection that integrates with other legislative requirements and promotes sustainable development. The EPBC Act was enacted by the Parliament of Australia and its policy objective is to safeguard Australia's unique environmental assets by regulating activities that may adversely affect the environment, including native species and ecosystems. On 13 September 2013, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, Heritage and Water, amended the list of exempt native specimens under the EPBC Act. The amendment involved revoking the conditions previously imposed on specimens derived from fish or invertebrates taken in the New South Wales Ocean Trawl Fishery, except those belonging to species listed under Part 13 of the EPBC Act, and imposing new conditions that these specimens must be taken lawfully and remain included in the list until 27 March 2014. This amendment aims to ensure that the regulatory framework for native specimen trade remains aligned with current legal and environmental standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to various persons, entities, and industries within Australia. It governs the protection of the environment and biodiversity, including native specimens such as fish and invertebrates, unless they belong to species listed under Part 13 of the Act. This particular amendment concerns specimens taken from the New South Wales Ocean Trawl Fishery, as defined in the New South Wales Fisheries Management Act 1994. The amendment modifies the conditions under which these specimens are exempt from certain requirements under the EPBC Act. Specifically, it revokes the previous conditions imposed on 27 February 2009 and establishes new conditions that the specimens must be taken lawfully and that the exemption is limited until 27 March 2014. The application of this Act extends to the entire Commonwealth of Australia, with the amendment being applicable to the specified specimens derived from the New South Wales Ocean Trawl Fishery. The amendment is made by a delegate of the Minister for the Environment, Heritage and Water, indicating that the Act's scope and application can be further extended or restricted through subordinate instruments as necessary.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes provisions that allow for amendments to the List of Exempt Native Specimens. Specifically, Section 303DC(1) provides the authority for a delegate of the Minister to make such amendments. In this case, Paul Murphy, as the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, has exercised this authority to revoke and impose new conditions on the exemption list. Section 303DB of the EPBC Act establishes the initial list of exempt specimens, and this amendment relates to specimens derived from fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act, taken in the New South Wales Ocean Trawl Fishery. These amendments revoke the previous conditions attached to the inclusion of these specimens on the list as of 27 February 2009 and introduce new conditions effective until 27 March 2014. The Act imposes several obligations on the parties or entities it governs. Firstly, it mandates that any specimen included in the amended list must have been taken lawfully, meaning that it must comply with all relevant fishing regulations and laws governing the New South Wales Ocean Trawl Fishery. Additionally, the specimens must be derived from fish or invertebrates that are not listed under Part 13 of the EPBC Act. These requirements ensure that the exemption applies only to specimens that meet the specified criteria and were obtained in accordance with the law. Furthermore, the specimens must be included in the list until the specified date, 27 March 2014, after which they will no longer be exempt unless further amendments are made. Failure to comply with the conditions set out in the amended list can lead to various consequences. The EPBC Act may impose both civil and criminal penalties for breaches, depending on the nature and severity of the violation. Civil penalties can include fines, which may vary based on the specific offence and the circumstances surrounding it. For certain serious offences, criminal penalties may also apply, which could result in imprisonment. The exact penalties are not specified in the amendment but are outlined in other sections of the EPBC Act. It is important for entities involved in the fishing and trade of these specimens to adhere to the conditions to avoid facing these potential consequences.