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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This Act provides a framework for the protection of the environment, particularly areas of national environmental significance, by regulating activities that may have a significant impact on the environment. The legislation was introduced by the Commonwealth Parliament with the overarching policy objective of ensuring that Australia's natural environment is conserved and that biodiversity is protected. The 2014 amendment, Gazette C2014G01027, specifically targets the inclusion of certain fish and invertebrate specimens taken in the New South Wales Ocean Trawl Fishery into the list of exempt native specimens under the EPBC Act. This amendment was made by Joanne Beath, acting as the Delegate of the Minister for the Environment, under the authority of the Act. The amendment aims to balance the need for conservation with the sustainable use of natural resources, ensuring that the specimens are taken lawfully and are part of an approved wildlife trade operation. The inclusion of these specimens in the list is conditional upon compliance with the restrictions and conditions outlined in the amendment, thereby maintaining the integrity of the conservation objectives while allowing for regulated trade.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the Gazette C2014G01027, extends its reach to include native specimens derived from fish or invertebrates taken in the New South Wales Ocean Trawl Fishery, subject to certain conditions. This legislative amendment pertains specifically to the specimens of fish or invertebrates that are excluded if they belong to species listed under Part 13 of the EPBC Act, other than those in the conservation dependent category, and those belonging to taxa listed under section 303CA of the EPBC Act, which corresponds to Australia’s CITES list. The amendment also mandates that the specimens must be lawfully taken and must be part of a declaration under an approved wildlife trade operation as stipulated in section 303FN of the EPBC Act. This amendment thus applies to entities engaged in the New South Wales Ocean Trawl Fishery, ensuring that their operations comply with the specified legal and conservation requirements while facilitating the management and trade of certain marine specimens.

Key Provisions

The main operative sections of the amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) include the addition of certain specimens to the list of exempt native specimens under section 303DB. Specifically, section 303DC(1) authorises the amendment, and the new specimens added are those that are or are derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act (excluding those in the conservation dependent category) and those listed under section 303CA (Australia's CITES list). These specimens must be taken in the New South Wales Ocean Trawl Fishery, as defined under the New South Wales Fisheries Management (Ocean Trawl Share Management) Regulation 2006. The inclusion of these specimens in the list comes with specific conditions, namely, that they must be taken lawfully and must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The Act imposes several obligations and requirements on the parties involved. Firstly, any fish or invertebrate specimens taken within the specified fishery must be lawfully obtained, ensuring compliance with local fishing regulations. Secondly, these specimens must be part of an approved wildlife trade operation. This means that the operation must adhere to certain standards and have a declaration in place under section 303FN of the EPBC Act, confirming that all activities comply with the provisions of the Act. These requirements ensure that the specimens are managed sustainably and that any trade involving these specimens does not threaten the conservation status of protected species. The legislation also outlines consequences for non-compliance. Although the specific penalties are not detailed in this amendment, breaches of the EPBC Act can generally result in substantial penalties. For corporations, the maximum penalty for contravening the Act can be up to $210,000 for a single offence, while individuals may face penalties of up to $33,000 or imprisonment for one year, or both, for similar breaches. Additionally, continuous offences may attract higher penalties, and in cases of significant harm to the environment or protected species, the penalties can be even more severe. These provisions underscore the importance of adhering to the conditions set forth in the Act to avoid legal repercussions.