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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment, particularly focusing on biodiversity conservation and the regulation of activities that may impact it. This legislation provides a framework for the protection and management of matters of national environmental significance, including endangered species, heritage sites, and Ramsar-listed wetlands. In 2014, an amendment was made to the Act to include a list of exempt native specimens, responding to specific needs within the fisheries sector and ensuring compliance with international obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This amendment was enacted by the Parliament of Australia, with the policy objective of facilitating sustainable fisheries management while maintaining strict controls on the trade of native species. The inclusion of specimens derived from the Northern Prawn Fishery, subject to certain conditions, reflects a balance between economic activity and environmental stewardship.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth legislation that applies to various entities and industries with the aim of protecting and conserving Australia's biodiversity and significant environmental assets. Specifically, this piece of legislation amends the list of exempt native specimens by including certain fish and invertebrate specimens taken in the Northern Prawn Fishery, provided they are derived from species not listed under Part 13 of the EPBC Act and were taken lawfully. This amendment is subject to specific restrictions and conditions, including a temporal limit until 9 January 2019. The geographic reach of this Act encompasses the entire Commonwealth of Australia, and its application is governed by subordinate instruments and the overarching framework of the EPBC Act. The Act does not specify exclusions or exemptions beyond those mentioned in the amendment. This legislative instrument was made on 20 December 2013 by the Delegate of the Minister for the Environment and commenced on 10 January 2014.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is amended by adding certain fish and invertebrate specimens to the list of exempt native specimens (s. 303DC). These specimens, derived from fish or invertebrates other than those listed under Part 13 of the EPBC Act, must be taken lawfully in the Northern Prawn Fishery as defined by the Northern Prawn Fishery Management Plan 1995 under the Commonwealth Fisheries Management Act 1991. This amendment is subject to a specific condition: the specimens are included in the list only until 9 January 2019. This legislative change is effective from 10 January 2014. Entities and individuals involved in the trade or transport of these specified specimens must adhere to the conditions stipulated by the Act. Specifically, they must ensure that the specimens were taken lawfully and that they are aware of the temporal limitation of the exemption, which expires on 9 January 2019. Compliance with these conditions is crucial for the legality of the trade and transport of these specimens under the EPBC Act. Failure to comply with the conditions set out in the amended list of exempt native specimens may result in legal repercussions. While the specific offences and penalties are not detailed in this legislative instrument, breaches of the EPBC Act can generally lead to significant civil or criminal penalties, depending on the severity of the breach. These penalties can include fines and imprisonment, as provided under various sections of the EPBC Act. It is essential for those engaged in the relevant activities to be fully aware of and comply with the conditions to avoid any legal consequences.