Amendment of List of Exempt Native Specimens - Pilbara Fish Trawl Interim Managed Fishery (14/05/2014)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation across Australia. This Act provides a framework for the protection of the environment, heritage places, and matters of national environmental significance, including the regulation of activities that may impact these areas. The EPBC Act was introduced to fill the gap left by previous environmental protection laws that were fragmented and insufficient in addressing the broad spectrum of environmental issues affecting the nation. The Act was enacted by the Parliament of Australia and aims to provide a unified approach to environmental protection and management. In May 2014, Greg Hunt, the Minister for the Environment, made an amendment to the EPBC Act concerning the list of exempt native specimens. This amendment involved revoking conditions previously applied to certain fish and invertebrate specimens taken in the Pilbara Fish Trawl Interim Managed Fishery and imposing new conditions for their inclusion in the list. The primary condition is that the specimens must be taken lawfully, and they are included in the list until 18 May 2017. This change aims to ensure compliance with legal fishing practices and maintain the balance between conservation efforts and sustainable use of marine resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and individuals involved in activities that may impact on matters of national environmental significance, including native specimens. This Act regulates the protection of biodiversity and environmental management across the Commonwealth of Australia, with jurisdiction extending to all territories and external territories under Australian governance. The recent amendment to the list of exempt native specimens under section 303DB of the EPBC Act pertains specifically to specimens derived from fish or invertebrates taken in the Pilbara Fish Trawl Interim Managed Fishery. This amendment removes prior conditions attached to these specimens, subject to the condition that they were taken lawfully and remain exempt until 18 May 2017. The Act provides flexibility through subordinate instruments, allowing for further adjustments and refinements to the scope and application of the legislation as necessary.

Key Provisions

The key provision of this legislative instrument is the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DC(1) of the EPBC Act allows the Minister for the Environment to amend the list of exempt native specimens, and this particular amendment concerns specimens taken in the Pilbara Fish Trawl Interim Managed Fishery (subsection 303DB). The amendment revokes previous conditions that were in place from 1 December 2004 and replaces them with new conditions effective from the date of the amendment, 14 May 2014, until 18 May 2017 (subsection 303DC(1)). The new conditions stipulate that specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, can be included in the list if they were taken lawfully and remain included until the specified end date. This means that any specimens taken in the Pilbara Fish Trawl Interim Managed Fishery after the amendment date and before the end date must adhere to these conditions to be considered exempt. The requirement that the specimens must be taken lawfully emphasises the importance of compliance with existing fisheries regulations and laws. The Act imposes several obligations and requirements on the parties or entities it governs. Primarily, those involved in taking fish or invertebrate specimens in the Pilbara Fish Trawl Interim Managed Fishery must ensure that any specimens they wish to include in the list of exempt native specimens were taken lawfully. This means compliance with all relevant fisheries laws and regulations. Furthermore, there is a clear temporal limitation on the inclusion of these specimens in the list, which ends on 18 May 2017, thus requiring careful planning and adherence to this timeframe. Should there be a breach of the conditions outlined in the amended list of exempt native specimens, there are potential consequences. While the legislation itself does not explicitly detail offences, penalties, or consequences for breach, such actions could potentially lead to non-compliance with the EPBC Act. Non-compliance with the EPBC Act can result in civil and criminal penalties. Under the EPBC Act, civil penalties for contravening the Act can include fines of up to $66,600 for individuals and up to $333,000 for corporations. Additionally, criminal penalties can apply, including fines of up to $660,000 for individuals and $3.3 million for corporations, along with potential imprisonment terms. These penalties underscore the seriousness with which the Act treats breaches related to the protection of biodiversity and native specimens.