Amendment of List of Exempt Native Specimens - NSW Ocean Hauling Fishery (revoking)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, including native species, through a rigorous assessment and approval process for activities that may impact biodiversity. This legislation was introduced to address the need for a comprehensive framework to manage and protect Australia's unique flora and fauna, and to ensure that environmental considerations are integrated into decision-making processes. The Act aims to protect matters of national environmental significance, including listed threatened species and ecological communities, as well as to regulate the trade and movement of native specimens. The policy objective of the EPBC Act is to balance environmental protection with economic development and social well-being, ensuring sustainable use of natural resources while preserving the integrity of the environment for future generations. On 26 June 2014, the Minister for the Environment's delegate, Paul Murphy, amended the list of exempt native specimens under the EPBC Act. This amendment involved revoking certain conditions related to specimens taken in the New South Wales Ocean Hauling Fishery and imposing new conditions that these specimens must be taken lawfully and remain listed until 26 September 2014. This change reflects an effort to refine the regulatory framework for the trade and movement of native specimens, ensuring compliance with legal requirements and maintaining the integrity of Australia's biodiversity conservation efforts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation that applies to a broad range of activities and entities across Australia, primarily focusing on the protection of the environment and biodiversity. This particular amendment to the Act specifically concerns the list of exempt native specimens, impacting entities involved in the fishing industry, particularly those operating under the New South Wales Ocean Hauling Fishery as defined by the New South Wales Fisheries Management Act 1994. The amendment revokes the conditions previously imposed on certain fish and invertebrate specimens taken in this fishery, now subject to the condition that these specimens must be taken lawfully. The exemption applies until 26 September 2014, and it excludes any specimens derived from species listed under Part 13 of the EPBC Act, which likely includes endangered or protected species. This amendment reflects the ongoing efforts to balance environmental protection with industry requirements, ensuring that the harvesting and trade of marine resources comply with legislative standards while also promoting sustainable practices.

Key Provisions

The primary operative section of this amendment is the revocation of the conditions previously attached to the inclusion of certain fish and invertebrate specimens in the list of exempt native specimens under section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(1) of the EPBC Act allows for the revocation of these conditions, as evidenced by the revocation action taken on 19 December 2013. Additionally, the amendment imposes new conditions for inclusion in the list, effective until 26 September 2014. These conditions require that the specimens, or the fish and invertebrates from which they are derived, must have been taken lawfully, as outlined in the New South Wales Fisheries Management (Ocean Hauling Share Management Plan) Regulation 2006 under the New South Wales Fisheries Management Act 1994. The obligations imposed by this amendment are primarily on those involved in the New South Wales Ocean Hauling Fishery. They must ensure that any specimens of fish or invertebrates taken are lawfully obtained, as stipulated by the New South Wales Fisheries Management Act 1994. Furthermore, the new conditions set forth in the amendment require that these specimens must be included in the list of exempt native specimens until the specified date of 26 September 2014. This means that any activity involving the collection, handling, or transportation of these specimens must comply with the legislative requirements outlined in the EPBC Act and the relevant regulations. The consequences for breaching the provisions of this legislation can be significant. Under section 487 of the EPBC Act, failure to comply with the requirements for the lawful taking of specimens can result in civil and/or criminal penalties. Civil penalties for individuals can include fines of up to $324,000, while corporations can face fines of up to $1.62 million. Additionally, criminal penalties can apply, including imprisonment for individuals for up to five years and for corporations for up to ten years. The exact penalties depend on the nature and extent of the breach, as well as any mitigating or aggravating factors considered by the court.