Amendment of List of Exempt Native Specimens - NSW Ocean Trawl Fishery - (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the assessment and approval of activities that may impact on the environment. This legislation was introduced to address the need for a comprehensive legal framework that could effectively protect Australia's biodiversity and manage environmental impacts at a national level. The EPBC Act is administered by the Australian Government, with the Minister for the Environment playing a key role in its implementation. The policy objective of the Act is to promote the conservation of biodiversity and ecological processes, and to manage and protect the environment from the adverse effects of human activities. On 20 June 2014, the list of exempt native specimens under the EPBC Act was amended by Joanne Beath, acting as the delegate of the Minister for the Environment. This amendment involved the removal of certain fish and invertebrate specimens from the list of exempt native specimens. These specimens, which were previously exempt, were derived from the New South Wales Ocean Trawl Fishery and were not part of species listed under Part 13 of the EPBC Act. This change aims to refine the regulatory framework and ensure that environmental protections are effectively applied to all relevant activities within the specified fishery.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of the environment, particularly focusing on biodiversity conservation and the management of activities that may have significant environmental impacts. In this specific amendment, the Act modifies the list of exempt native specimens by removing certain fish and invertebrate specimens from the exemption list. This change affects those who engage in activities involving the taking of such specimens in the New South Wales Ocean Trawl Fishery, as outlined under the New South Wales Fisheries Management Act 1994. The amendment does not apply to specimens belonging to species listed under Part 13 of the EPBC Act. The scope of this Act is national, impacting industries and individuals involved in fishing and the trade of native specimens across Australia. The amendment is effective as of the date of gazette and does not specify exclusions or thresholds beyond the noted exceptions. Further application and enforcement of the Act may be detailed in subordinate instruments or regulations.

Key Provisions

The key operative sections of the amendment, as outlined in the Gazette, involve the alteration of the list of exempt native specimens under section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(1) authorises the Delegate of the Minister for the Environment to make such amendments. In this case, the Delegate has decided to remove specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the New South Wales Ocean Trawl Fishery as defined in the Fishery Management Strategy for the Ocean Trawl Fishery made under the New South Wales Fisheries Management Act 1994. The obligations and requirements imposed by this amendment primarily revolve around ensuring that the modified list of exempt native specimens is adhered to by relevant parties. This means that any entities involved in the collection, trade, or transportation of fish or invertebrate specimens from the specified fishery must now comply with the broader regulatory framework of the EPBC Act, as these specimens are no longer exempt. This includes ensuring that they obtain any necessary permits or approvals that were previously not required under the now-deleted exemption. Additionally, entities must ensure that the specimens they handle do not belong to species listed under Part 13 of the EPBC Act, which could be subject to additional protections. The amendment also sets forth potential consequences for non-compliance with the EPBC Act's provisions. Offences that result from breaching the Act's requirements, including those related to the handling of native specimens, may incur both civil and criminal penalties. The precise nature and severity of these penalties depend on the specific breach and the circumstances surrounding it. Under the EPBC Act, serious or repeated breaches can lead to substantial fines for individuals and corporations. For example, corporations may face fines of up to $666,000 for each offence, while individuals may be fined up to $133,200 for each offence. Furthermore, in more severe cases, individuals involved in the management or operation of the entity may also face personal penalties, including imprisonment, depending on the gravity of the breach. These penalties underscore the importance of adhering to the legislative requirements and maintaining compliance with the Act's provisions.