Amendment of List of Exempt Native Specimens - QLD Gulf of Carpentaria Inshore Fin Fish Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly in relation to matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and to ensure that development and other activities do not have significant adverse environmental impacts. This Act is administered by the Parliament of Australia and its primary policy objective is to foster sustainable development by protecting and managing the environment, heritage, and cultural places. Recently, an amendment was made to the list of exempt native specimens under section 303DC of the EPBC Act, revoking the conditions that were previously applied to certain fish and invertebrate specimens taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery. This amendment was made to ensure that these specimens are included in the list of exempt native specimens until 20 November 2014, provided they were taken lawfully, thereby facilitating compliance with both state and federal environmental regulations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of native specimens and the regulation of activities that may impact biodiversity. This particular amendment, made by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as the Delegate of the Minister for the Environment, pertains specifically to the list of exempt native specimens. The amendment revokes certain conditions on specimens derived from fish or invertebrates taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, subject to them being taken lawfully and being included in the list until 20 November 2014. This adjustment applies to specimens that are not listed under Part 13 of the EPBC Act or section 303CA, thereby excluding those specimens from the regulatory constraints in place for threatened species or taxa. The changes are made under the authority of the EPBC Act, which has a national jurisdictional reach, ensuring a consistent approach to biodiversity conservation across Australia.

Key Provisions

The key operative sections of this legislation revolve around the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303DB and 303DC). Specifically, the legislation revokes the conditions under which certain fish and invertebrate specimens from the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery were previously exempt from certain regulations (section 303DC(1)). Instead, it imposes new conditions that these specimens must be lawfully taken and remain on the list of exempt specimens until 20 November 2014 (section 303DB). These changes were enacted by Paul Murphy, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as the delegate of the Minister for the Environment. The obligations imposed by this legislation are primarily directed at ensuring compliance with the new conditions for the specimens in question. It requires that any fish or invertebrate specimens taken from the specified area must be lawfully obtained, meaning they must adhere to the regulations set forth by the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994. Furthermore, these specimens must remain exempt from certain regulations only until the specified date of 20 November 2014. This ensures that there is a clear timeline and legal framework governing the collection and exemption status of these specimens. In terms of breaches and consequences, the legislation does not explicitly detail offences, penalties, or consequences for non-compliance within the text provided. However, it is reasonable to infer that any non-compliance with the conditions for lawful taking or with the timeline for exemption could potentially lead to legal action under the EPBC Act or other relevant state legislation. Given the nature of environmental legislation, penalties for non-compliance could include fines, legal action, or other sanctions as deemed appropriate by the relevant authorities. The exact penalties would depend on the specific circumstances of the breach and could be subject to review by the relevant environmental protection bodies.