Overview

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the Gazette C2013G00922, pertains to the modification of the list of exempt native specimens under section 303DB of the Act. The legislation was introduced to address specific issues concerning the management and conservation of native species, particularly those taken within the Pilbara Fish Trawl Interim Managed Fishery. This amendment was enacted by Geoff Richardson, acting as the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, under subsection 303DC(1) of the EPBC Act. The primary objective of this amendment was to revise the conditions governing the exemption of certain fish and invertebrate specimens taken from the mentioned fishery, ensuring that such specimens are included in the list until 29 November 2013, provided they were taken lawfully.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by this Gazette, modifies the list of exempt native specimens. The amendment specifically pertains to specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Pilbara Fish Trawl Interim Managed Fishery. This legislative amendment applies to any individual or entity involved in the collection, transportation, or trade of such specimens within the specified geographic area of the Pilbara Fish Trawl Interim Managed Fishery. The jurisdictional reach of this amendment is national, as it falls under the purview of the Commonwealth of Australia. The amendment imposes conditions that the specimens must be taken lawfully and be included in the list until 29 November 2013, thereby altering the regulatory framework governing these activities. The amendment extends the application of the Act through subordinate instruments by adjusting the conditions under which these specimens are exempt from certain regulatory requirements.

Key Provisions

The key operative sections of this Gazette concern the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(1) allows the Assistant Secretary, Marine Biodiversity and Biosecurity Branch, to make amendments to the list of exempt specimens as a delegate of the Minister for Sustainability, Environment, Water, Population and Communities. Here, the delegate has revoked the previous conditions under which certain fish and invertebrate specimens from the Pilbara Fish Trawl Interim Managed Fishery were exempt, and has imposed new conditions for their inclusion on the list (section 303DB). Under these new provisions, the specimens from the Pilbara Fish Trawl Interim Managed Fishery, excluding those belonging to species listed under Part 13 of the Act, will be exempt from certain controls if they are taken lawfully and are included in the list until 29 November 2013. This amendment clarifies the regulatory status of these specimens and ensures they are only exempt under specific conditions. The obligations imposed by this amendment are primarily on those who handle, transport, or trade in these specimens. They must ensure that the specimens are taken lawfully, meaning they comply with all relevant fishing regulations and permits. Additionally, they must verify that the specimens fall within the new conditions, specifically that they are included in the list of exempt specimens and that the exemption period has not expired. Failure to comply with these conditions can result in serious consequences. While the Gazette does not explicitly state penalties, breaches of the EPBC Act can lead to both civil and criminal penalties. Under the Act, individuals or entities found in breach of its provisions can be subject to fines and imprisonment. The maximum penalties can vary depending on the nature and severity of the offence, but they are significant enough to enforce compliance with the Act's provisions. The exact penalties would be determined in a court of law based on the specific circumstances of the breach.