Amendment of List of Exempt Native Specimens - New South Wales Sea Urchin and Turban Shell Restricted Fishery

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. This legislation was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and heritage. The Act empowers the federal government to regulate activities that may have a significant impact on the environment, including those that affect native species and their habitats. The Parliament of Australia enacted the EPBC Act to implement Australia's obligations under various international environmental conventions and to provide a coordinated approach to environmental protection across the country. The policy objective of this particular amendment is to facilitate sustainable fishing practices within the New South Wales Sea Urchin and Turban Shell Restricted Fishery by exempting certain native specimens from the stringent regulations typically imposed under the EPBC Act, while ensuring that these activities are conducted lawfully and in compliance with wildlife trade operation declarations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of the environment, including native species, ecosystems, and heritage places, and is administered by the Commonwealth of Australia. This particular amendment to the EPBC Act pertains to the list of exempt native specimens, specifically adding specimens derived from fish or invertebrates taken in the New South Wales Sea Urchin and Turban Shell Restricted Fishery. The amendment applies to these specimens provided they are not from species listed under Part 13 of the EPBC Act and were taken lawfully under the management regime established by the New South Wales Fisheries Management Act 1994 and its accompanying regulations. This amendment is subject to the condition that the specimens are part of an approved wildlife trade operation declared under section 303FN of the EPBC Act. The geographic reach of this amendment is limited to specimens taken within the specified fishery in New South Wales, thereby impacting relevant fishing operations and wildlife trade activities within that region. Any exclusions or exemptions from the Act are outlined in the conditions attached to the inclusion of these specimens in the list of exempt native specimens.

Key Provisions

The main operative sections of this legislative amendment involve the inclusion of certain specimens in the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(1) of the EPBC Act allows the Minister for the Environment, through a delegate, to amend the list of exempt native specimens under section 303DB. In this instance, the specimens that are now exempt are those derived from fish or invertebrates, with the exception of species listed under Part 13 of the EPBC Act, taken within the New South Wales Sea Urchin and Turban Shell Restricted Fishery, as defined under the New South Wales Fisheries Management Act 1994 and its associated regulations (sections 303DB and 303DC). The amendment imposes several obligations on parties or entities involved with these specimens. Firstly, to qualify for exemption, the specimens must be taken lawfully within the specified fishery (section 303DB). Secondly, these specimens must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act, ensuring that the trade in these specimens complies with relevant wildlife trade regulations. For breaches of the conditions outlined in the amendment, there are potential civil and criminal consequences. While the specific penalties are not detailed in the amendment itself, violations of the EPBC Act can generally result in substantial fines and, in more severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as other provisions within the EPBC Act and related legislation. The inclusion of these conditions aims to ensure compliance and to maintain the integrity of wildlife trade operations under the Act.