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 Act was introduced to address the need for a comprehensive framework to manage and protect Australia's biodiversity and environmental heritage. The Act is administered by the Australian Government's Department of Agriculture, Water and the Environment and aims to ensure that development and other activities do not significantly impact the environment. This legislative instrument amends the list of exempt native specimens under the EPBC Act to include certain fish and invertebrate specimens taken from the Northern Demersal Scalefish Managed Fishery, subject to specific conditions that ensure their lawful capture and a temporary inclusion on the list until 30 November 2009. This amendment reflects a policy objective to balance sustainable fishing practices with environmental conservation efforts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the protection and conservation of biodiversity, ecosystems, and matters of national environmental significance in Australia. This legislative instrument specifically addresses the amendment of the list of exempt native specimens under section 303DB of the Act. The amendment pertains to specimens that are or are derived from fish or invertebrates, excluding those that belong to species listed under Part 13 of the Act, taken in the Northern Demersal Scalefish Managed Fishery as defined in the Northern Demersal Scalefish Fishery Management Plan 2000 under the Western Australian Fish Resources Management Act 1994. These specimens are included on the list of exempt native specimens subject to the condition that they were taken lawfully and remain listed until 30 November 2009. The jurisdictional reach of this Act is national, applying across all states and territories of Australia, and it extends its application through subordinate instruments to ensure compliance and effective management of biodiversity conservation efforts.

Key Provisions

The key provisions of this legislative instrument, as per section 303DC(1) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), involve an amendment to the list of exempt native specimens established under section 303DB of the Act. Specifically, the instrument adds specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Northern Demersal Scalefish Managed Fishery. This fishery is defined in the Northern Demersal Scalefish Fishery Management Plan 2000, made under the Western Australian Fish Resources Management Act 1994. The addition to the list is contingent on certain conditions, namely, that the specimens were taken lawfully and that they remain on the list until 30 November 2009. These provisions aim to regulate and exempt certain marine specimens from additional legal restrictions while ensuring they are obtained through lawful means. The Act imposes several obligations and requirements on the parties or entities governed by it. Primarily, any person or entity involved in the collection, possession, or trade of the specified specimens must ensure that the specimens were taken lawfully, as per the conditions outlined in the amendment. This means that any activity involving these specimens must comply with the relevant fishery management plans and regulations, ensuring that they adhere to sustainable practices and legal requirements. Furthermore, the exemption from additional legal restrictions under the Act is strictly valid until the specified date of 30 November 2009, after which the specimens may no longer benefit from the exemption unless further amendments are made. Failure to comply with the conditions and requirements set out in the legislative instrument could result in various consequences. While the specific offences, penalties, or consequences for breach are not detailed in the provided text, under the broader Act, breaches of environmental protection laws can lead to substantial penalties. For instance, under section 487 of the Act, a person who commits an offence against the Act can be liable for penalties that include fines of up to $420,000 for individuals and significantly higher amounts for corporations, depending on the severity and circumstances of the offence. Additionally, criminal proceedings may be initiated, leading to imprisonment terms that can vary based on the nature and extent of the violation. It is imperative for all governed parties to adhere to the legislative stipulations to avoid such repercussions.