Unique Identifying Number:
EPBC303DC/SFS/2014/18
COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Amendment of List of Exempt Native Specimens
I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, pursuant to subsection 303DC(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), hereby amend the list of exempt native specimens established under section 303DB of the EPBC Act by revoking the conditions to which the inclusion of the following item in the list on 26 May 2009 is subject:
- specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the Northern Territory Demersal Fishery, as defined in the management regime in force under the Northern Territory Fisheries Act 1988 and the Northern Territory Fisheries Regulation 1993
and imposing the following conditions to which inclusion of the specimens in the list is subject:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 28 November 2014.
Dated this 22nd day of May 2014
………………Paul Murphy………………
Delegate of the Minister for the Environment
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, and to establish a framework for the regulation of activities that may impact on the environment. The 2014 amendment to the Act, specifically concerning the list of exempt native specimens, was introduced to address issues related to the regulation of wildlife trade and biosecurity within Australia. This amendment was made by the Minister for the Environment's delegate, Paul Murphy, under the authority granted by the EPBC Act. The policy objective of this amendment was to ensure that the exemption of certain fish and invertebrate specimens from regulatory controls is subject to specific conditions, thereby maintaining a balance between conservation efforts and the legal harvesting and trading of these species within defined parameters and timeframes.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the conservation and protection of biodiversity and the regulation of activities that may have a significant impact on the environment. Specifically, this legislation governs the management of native specimens, including fish and invertebrates, and their trade and transportation. The recent amendment concerns the list of exempt native specimens, focusing on those taken in the Northern Territory Demersal Fishery as defined under the Northern Territory Fisheries Act 1988 and the Northern Territory Fisheries Regulation 1993. This amendment revokes existing conditions and imposes new ones, ensuring that specimens derived from lawful catches are included in the exempt list until 28 November 2014. The Act’s jurisdiction extends across the Commonwealth, and it applies to individuals, entities, and industries involved in the fishing and trade of native specimens. However, specimens belonging to species listed under Part 13 of the EPBC Act remain excluded from this exemption. The application and interpretation of the Act may be further extended or restricted through subordinate instruments as necessary.
Key Provisions
The main operative sections of this legislation, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), involve the amendment of the list of exempt native specimens (sections 303DB and 303DC). Specifically, this amendment (section 303DC(1)) revokes certain conditions attached to specimens taken in the Northern Territory Demersal Fishery. These specimens, which are fish or invertebrate-derived, are no longer subject to conditions that previously applied as of 26 May 2009, and instead, new conditions are imposed. The revised conditions require that the specimens be taken lawfully and must remain listed until 28 November 2014.
This Act imposes several obligations on the parties and entities it governs. Firstly, it mandates that any specimens derived from fish or invertebrates taken in the Northern Territory Demersal Fishery must have been obtained lawfully. This means that the collection or harvesting of these specimens must comply with all relevant local and federal regulations. Additionally, the Act specifies that the specimens will remain exempt until 28 November 2014, ensuring that the new conditions are temporary and subject to future review or amendment.
The legislation outlines specific consequences for breaches of its provisions. While the document does not explicitly state the penalties for non-compliance, under the EPBC Act, unauthorised actions concerning protected species can result in substantial penalties. Civil penalties for individuals can include fines of up to $222,200, and for corporations, fines can reach up to $1,111,000. Criminal penalties can also be imposed, where individuals may face imprisonment of up to five years and corporations up to seven years. These penalties underscore the importance of adhering to the conditions set forth in the Act to avoid severe legal repercussions.