Amendment of List of Exempt Native Specimens- Northern Prawn Fishery (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and manage Australia's biodiversity and the environment. This legislation aims to provide a nationally consistent approach to the conservation and management of the environment, including biodiversity, heritage places, and matters of national environmental significance. The EPBC Act is administered by the Australian Government and overseen by the Minister for the Environment. The policy objective of the Act is to promote the sustainable use of natural resources and to ensure the protection of the environment, particularly in relation to species and ecological communities that are threatened or endangered. On 10 January 2014, an amendment was made to the EPBC Act by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment. This amendment involved the removal of a specific item from the list of exempt native specimens. The item in question pertained to specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the Northern Prawn Fishery, as defined in the Northern Prawn Fishery Management Plan 1995, made under the Fisheries Management Act 1991. This change was effective from the specified day, as outlined in the Legislative Instruments Act 2003.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and activities within Australia, with the purpose of protecting and conserving the nation's environment, particularly areas of national environmental significance. The Act applies to individuals, corporations, and other entities involved in activities that may impact the environment, including those that involve the trade or movement of native specimens. This particular amendment to the list of exempt native specimens under the EPBC Act specifically affects the Northern Prawn Fishery, managed under the Northern Prawn Fishery Management Plan 1995, and aims to exclude certain fish and invertebrate specimens taken within this fishery from the list of items exempt from certain provisions of the EPBC Act. The amendment removes specimens taken in the Northern Prawn Fishery from the list of exempt native specimens, impacting anyone involved in the trade or movement of these specimens. The changes are effective from 10 January 2014, and apply nationally within the Commonwealth of Australia. There are no exclusions, exemptions, or thresholds specified in this amendment, and it does not extend or restrict application through subordinate instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended by the deletion of a specific item from the list of exempt native specimens. This amendment, detailed in section 303DC(1) of the EPBC Act, removes specimens that are or are derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, taken in the Northern Prawn Fishery as defined by the Northern Prawn Fishery Management Plan 1995, made under the Fisheries Management Act 1991. This change is effective from 10 January 2014 as per the Legislative Instruments Act 2003. Under the amended provisions, parties or entities that were previously exempt from certain regulations concerning the handling, transportation, or sale of fish and invertebrate specimens from the Northern Prawn Fishery will now need to comply with the broader EPBC Act regulations. This means that activities involving these specimens will no longer be exempt from the permit requirements, conservation measures, and other obligations that apply under the EPBC Act. It is crucial for these parties to understand that they must now obtain the necessary approvals and adhere to any specific conditions that the Act imposes. Failure to comply with the amended provisions can lead to significant consequences. The EPBC Act includes various offences and penalties for breaches, which can include both civil and criminal sanctions. Civil penalties can be substantial, with fines reaching up to $66,000 for individuals and up to $330,000 for corporations. Criminal penalties may also apply, with potential imprisonment terms that can vary depending on the severity of the breach. Therefore, it is imperative for all affected parties to familiarise themselves with the new requirements and ensure full compliance to avoid these penalties.