Amendment of List of Exempt Native Specimens - NSW Ocean Trap and Line Fishery (06/05/2014) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation enacted to address environmental protection and biodiversity conservation issues in Australia. The Act aims to provide for the protection of the environment, especially matters of national environmental significance, by regulating activities that may impact biodiversity and ecosystems. One of the mechanisms through which the Act achieves its objectives is by establishing lists of native specimens that are exempt from certain requirements under the Act. The Act was introduced to fill a significant gap in Australia's environmental regulatory framework, ensuring that there is a coordinated approach to the conservation of the environment and biodiversity. In May 2014, Greg Hunt, the Minister for the Environment, exercised his powers under subsection 303DC(1) of the EPBC Act to amend the list of exempt native specimens. The amendment involved the removal of certain 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 New South Wales Ocean Trap and Line Fishery. This amendment was made to align the regulatory framework with contemporary conservation needs and practices, reflecting a policy objective to ensure the sustainable management and conservation of marine resources within Australia's jurisdiction.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia, and the amendment to the list of exempt native specimens under this Act pertains specifically to the removal of a particular exemption previously granted to certain fish and invertebrate specimens. The amendment applies to specimens taken in the New South Wales Ocean Trap and Line Fishery, as defined in the New South Wales Fisheries Management (Ocean Trap and Line Share Management) Regulation 2006. This change affects the industries involved in the New South Wales Ocean Trap and Line Fishery, altering the regulatory landscape for those who harvest fish and invertebrates within this fishery. The amendment operates within the Commonwealth jurisdiction, impacting activities and entities that fall under the EPBC Act's purview. The exclusion of specimens belonging to species listed under Part 13 of the EPBC Act remains unaffected by this change. The amendment does not specify any thresholds or exemptions beyond those already outlined in the Act, and its application is direct without the need for further extension or restriction through subordinate instruments.

Key Provisions

The principal operative sections of the amendment, as outlined in the Gazette, pertain to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(1) authorises the Minister for the Environment to amend the list of exempt native specimens under section 303DB of the EPBC Act (paragraph 1). The amendment involves the removal of a particular item from this list: 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 New South Wales Ocean Trap and Line Fishery, as defined under the New South Wales Fisheries Management Act 1994 (paragraph 2). The obligations and requirements imposed by this amendment primarily affect parties involved in the New South Wales Ocean Trap and Line Fishery. Previously, such specimens were exempt from certain regulatory requirements under the EPBC Act, but following this amendment, they are no longer exempt. This means that parties involved in the collection, transport, or sale of these specimens will need to comply with the full range of EPBC Act provisions, which could include obtaining relevant permits and adhering to conservation and management standards (paragraph 3). Breaching the provisions of the EPBC Act can lead to various civil and criminal consequences. For instance, unauthorised actions that contravene the Act may result in enforcement actions by the Commonwealth, including fines and other penalties. Under the EPBC Act, the maximum penalty for contravening its provisions can include fines of up to AUD 1.1 million for corporations and up to AUD 220,000 for individuals, in addition to potential imprisonment terms for serious offences (paragraph 4). These stringent measures underscore the importance of compliance with the Act’s requirements and the potential repercussions of non-compliance (paragraph 5).