Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to regulate activities that may have a significant impact on the environment. This Act was introduced to address the need for a comprehensive legislative framework to protect Australia's biodiversity and ecosystems, aligning with international obligations and commitments to conserve and sustainably use biological diversity. The policy objective of this Act is to balance environmental protection with economic activities, ensuring that the exploitation of natural resources does not lead to irreversible damage to the environment. This legislative instrument, an amendment to the list of exempt native specimens, was made by Ian Cresswell, Delegate of the Minister for the Environment and Heritage, under the authority of the Act, to further refine the regulatory framework concerning the trade and possession of native specimens, aiming to maintain ecological balance while facilitating lawful economic activities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the protection of the environment and biodiversity across the Commonwealth of Australia, including its territories. This legislative instrument amends the list of exempt native specimens under section 303DB of the Act by specifically including certain fish and invertebrate specimens taken in the Northern Prawn Fishery, which is defined and managed under the Northern Prawn Fishery Management Plan 1995 as amended by the Fisheries Management Act 1991. The amendment is conditional on the specimens being lawfully taken and are not species listed under Part 13 of the Act. The inclusion on the list of exempt native specimens is temporary, effective until 9 January 2009. This legislative amendment highlights the Act's broad jurisdictional reach across federal waters and its application to various industries, particularly those involved in fishing and aquatic resource management, while also illustrating the Act's capacity to be further refined through subordinate instruments.

Key Provisions

The legislative instrument under consideration modifies the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by amending the list of exempt native specimens under section 303DB (1). Specifically, specimens that are or are derived from fish or invertebrates taken in the Northern Prawn Fishery, as defined in the Northern Prawn Fishery Management Plan 1995, are added to this list. However, this inclusion is subject to certain conditions, including that the specimens must be taken lawfully and will remain on the list until 9 January 2009. This amendment effectively exempts certain specimens from certain regulatory requirements for a specified period. The Act imposes several obligations on parties involved in the handling or trade of these exempt specimens. Firstly, it mandates that any specimens to be included in the amended list must be taken in accordance with the law, ensuring that all fishing and collection activities comply with existing fishery management plans and regulations. Additionally, parties must ensure that these specimens are derived from lawful sources and are not associated with any illegal activities. Another obligation pertains to the temporal limitation of the exemption, which applies only until 9 January 2009, after which the specimens may no longer be exempt from relevant regulations. Failure to comply with the conditions and obligations outlined in the Act can lead to various consequences. Under the Act, unauthorised handling or trade of specimens that do not meet the criteria for exemption may be subject to penalties. While the specific penalties are not detailed in this instrument, the Act generally allows for substantial fines and potential criminal charges for serious violations. Such penalties may include fines up to several thousand Australian dollars or imprisonment, depending on the severity and intent of the breach. It is important for parties to adhere strictly to the terms of the exemption to avoid these legal repercussions.