Amendment of List of Exempt Native Specimens - Pilbara Fish Trawl Interim Managed Fishery (conditions)

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. The legislation was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and the impacts of activities on the environment. The EPBC Act is administered by the Australian Government and aims to achieve a nationally consistent approach to environmental protection. In 2013, amendments to the list of exempt native specimens were made by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as the Delegate of the Minister for the Environment, to ensure the protection and lawful taking of specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the Act, within the Pilbara Fish Trawl Interim Managed Fishery until 21 May 2014.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of persons and entities engaged in activities that may impact upon matters of national environmental significance. Specifically, this legislation concerns the amendment of the list of exempt native specimens, which pertains to specimens derived from fish or invertebrates taken within the Pilbara Fish Trawl Interim Managed Fishery. The Act's jurisdiction extends across the Commonwealth of Australia, impacting fishing activities and the handling of marine specimens within the specified fishery. This amendment removes previous conditions attached to the exemption of certain specimens and imposes new conditions, including that the specimens must be taken lawfully and are only exempt until 21 May 2014. The Act’s reach is thus both comprehensive and targeted, regulating the collection and trade of certain marine specimens while allowing for lawful fishing activities within the interim fishery management framework.

Key Provisions

The main operative sections of this amendment (sections 303DC(1) and 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)) concern the modification of the list of exempt native specimens. Specifically, section 303DC(1) empowers the delegate to make amendments to the list, while section 303DB establishes the list itself. This amendment revokes the previous conditions for the inclusion of certain fish and invertebrate specimens from the Pilbara Fish Trawl Interim Managed Fishery, except those belonging to species listed under Part 13 of the Act. It also imposes new conditions that these specimens must be taken lawfully and be included in the list until 21 May 2014. The Act imposes specific obligations and requirements on the parties involved. Firstly, any person handling, possessing, or transporting the specified specimens must ensure that the fish or invertebrate from which the specimen is derived was taken lawfully. This means that any activity involving these specimens must comply with relevant fishing laws and regulations. Secondly, the specimens must be included in the list of exempt native specimens until 21 May 2014, meaning any activities involving these specimens must cease by that date unless further authorised. Breaching the provisions of this amendment can lead to various legal consequences. Under the EPBC Act, violations can result in both civil and criminal penalties. Civil penalties may include fines up to a significant amount, depending on the severity of the breach. Criminal penalties can include imprisonment for individuals found guilty of serious offences, with the exact penalties varying based on the specific offence and jurisdiction. Additionally, the Act allows for enforcement actions by authorised officers, which can include fines, prosecution, and other remedial measures to ensure compliance with the Act's provisions.