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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The 2014 amendment to this Act, introduced by the Minister for the Environment, Greg Hunt, aims to address gaps in the regulation of native specimen trade by specifically amending the list of exempt native specimens. This amendment was made under the authority granted by the EPBC Act, and it was issued as a legislative instrument by the Commonwealth Government to refine the regulatory framework governing the trade of native specimens. The policy objective of this amendment is to ensure that the trade of certain fish and invertebrate specimens from the New South Wales Ocean Trap and Line Fishery complies with environmental protection standards, while also facilitating legitimate trade activities through appropriate declarations and lawful practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation that governs the protection of the environment and biodiversity across Australia. The specified amendment to the list of exempt native specimens under section 303DC of the Act pertains to specimens derived from fish or invertebrates, with certain exclusions. These exclusions include specimens belonging to species listed under Part 13 of the EPBC Act, except those in the conservation dependent category, and specimens belonging to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list). The amendment applies specifically to specimens taken in the New South Wales Ocean Trap and Line Fishery, as defined by the New South Wales Fisheries Management (Ocean Trap and Line Share Management) Regulation 2006, under the New South Wales Fisheries Management Act 1994. The inclusion of these specimens in the list of exempt native specimens is contingent upon the condition that they were taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act relating to the fishery.

Key Provisions

The primary sections of this legislation, specifically section 303DC(1) and section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), are amended to include certain specimens in the list of exempt native specimens. These specimens are those that are, or are derived from, fish or invertebrates, with certain exceptions. The exceptions include specimens belonging to species listed under Part 13 of the EPBC Act (excluding those listed in the conservation dependent category) and specimens belonging to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list). This amendment applies to specimens taken in the New South Wales Ocean Trap and Line Fishery as defined by the New South Wales Fisheries Management (Ocean Trap and Line Share Management) Regulation 2006, under the New South Wales Fisheries Management Act 1994. The inclusion of these specimens in the list is conditional upon them being taken lawfully and being covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This Act imposes specific obligations on entities involved in the handling, trade, or possession of these specimens. Primarily, it requires that the specimens, or the fish or invertebrates from which they are derived, must be taken lawfully. This means that all fishing activities must comply with the relevant state regulations and any other applicable laws. Additionally, the specimens must be part of a declared approved wildlife trade operation under section 303FN of the EPBC Act. This requirement ensures that all trade activities are monitored and comply with biodiversity conservation objectives. Failure to comply with the conditions outlined in the Act can result in significant civil and criminal penalties. Although the specific penalties are not detailed in this particular legislative amendment, breaches of the EPBC Act generally can lead to substantial fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the breach, and they are determined by the courts. Entities involved in the trade of these specimens must therefore ensure strict adherence to the legal requirements to avoid these potential consequences.