Amendment of List of Exempt Native Specimens - Queensland Blue Swimmer Crab 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 biodiversity, and to ensure that the federal government has the capacity to regulate activities that may have a significant impact on the environment. The 2015 amendment to the EPBC Act, specifically the amendment of the List of Exempt Native Specimens, was introduced to address the need for streamlined regulation and management of certain native specimens within defined fisheries. This amendment was made by Paul Murphy, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as a delegate of the Minister for the Environment, under the authority provided by the EPBC Act. The policy objective of this amendment is to facilitate the legal trade of fish and invertebrate specimens from the Queensland Blue Swimmer Crab Fishery, provided they are taken lawfully and are part of an approved wildlife trade operation. This amendment ensures that certain native specimens are exempt from the more stringent provisions of the EPBC Act, thereby reducing regulatory burdens on legal fishing activities while maintaining environmental protections.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of Australian legislation that aims to protect the environment and biodiversity through various regulatory measures. This particular amendment to the Act, issued by Paul Murphy, Assistant Secretary of the Wildlife Trade and Biosecurity Branch and acting as a delegate of the Minister for the Environment, involves the amendment of the list of exempt native specimens under section 303DB of the EPBC Act. This amendment specifically includes specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Queensland Blue Swimmer Crab Fishery as defined by the Queensland Fisheries Act 1994 and Fisheries Regulation 2008. However, the inclusion of these specimens in the list is contingent upon certain conditions being met, such as the specimens being taken lawfully and covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery. This amendment, therefore, pertains to the persons and entities involved in the Queensland Blue Swimmer Crab Fishery, as well as the fish and invertebrate specimens they handle, and is subject to the jurisdictional reach of the Commonwealth of Australia.

Key Provisions

The main operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are sections 303DB and 303DC. Section 303DB establishes the list of exempt native specimens, while section 303DC empowers the Minister for the Environment to amend this list by including or excluding specific specimens. In this instance, the amendment adds specimens of fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act, taken in the Queensland Blue Swimmer Crab Fishery. This addition is contingent upon the specimens being taken lawfully and being covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The obligations imposed by this amendment on parties involved with the Queensland Blue Swimmer Crab Fishery are primarily focused on ensuring compliance with the legal and regulatory frameworks governing the fishery. Specifically, entities must ensure that the specimens they handle are taken lawfully and are part of a declared approved wildlife trade operation. This involves adhering to the management regime set out under the Queensland Fisheries Act 1994 and Fisheries Regulation 2008, as well as complying with the declaration requirements under section 303FN of the EPBC Act. These obligations aim to maintain the integrity of the fishery and the specimens derived from it, ensuring they are not associated with illegal activities or unapproved trade operations. In terms of consequences for non-compliance, the EPBC Act includes provisions for both civil and criminal penalties. While the specific penalties for breaches related to this amendment are not detailed in the text, the general framework under the EPBC Act allows for significant penalties. Civil penalties can include fines of up to $66,000 for individuals and $330,000 for corporations for each offence, as per section 530 of the Act. Criminal penalties can include imprisonment for up to five years, a fine of up to $330,000 for individuals, or both, for offences under sections 506 and 508 of the Act. These penalties underscore the importance of adhering to the legislative requirements and maintaining compliance to avoid legal repercussions.