Amendment of List of Exempt Native Specimens - Queensland Blue Swimmer Crab Pot Fishery (12/10/2015) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This Act addresses the need for comprehensive environmental management and conservation across Australia, ensuring that the impacts of activities, including the trade of native specimens, are assessed and managed effectively. The policy objective is to balance environmental protection with other economic and social considerations, safeguarding biodiversity and ecosystem services for future generations. On 12 October 2015, Paul Murphy, as Delegate of the Minister for the Environment, amended the list of exempt native specimens under section 303DB of the EPBC Act. This amendment involved the removal of certain specimens derived from fish or invertebrates, specifically those taken in the Queensland Blue Swimmer Crab Pot Fishery, from the list of exempt specimens. This change was made to enhance the regulation and conservation of these species, ensuring that they are not overlooked in the broader framework of environmental protection and biodiversity conservation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and persons involved in activities that may impact on matters of national environmental significance, including native flora and fauna, World Heritage properties, wetlands of international significance, and other protected areas. In this particular context, the Act applies specifically to specimens that are or are derived from fish or invertebrates, except for those belonging to species listed under Part 13 of the EPBC Act. The amendment removes certain exemptions for specimens taken in the Queensland Blue Swimmer Crab Pot Fishery as defined under the Queensland Fisheries Act 1994 and Fisheries Regulation 2008. This change affects those involved in the fishery industry within the specified geographic area, and potentially alters the regulatory framework governing the trade and handling of these specimens. The Act extends its reach across the Commonwealth, impacting both state and territory jurisdictions, thereby enforcing a unified environmental protection standard throughout Australia. Subordinate instruments may further extend or restrict the application of this amendment, thereby providing detailed operational guidelines and compliance requirements.

Key Provisions

The key operative sections of this amendment involve the removal of a specific item from the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DC(1) authorises the delegate to amend the list of exempt native specimens, and this amendment effectively deletes specimens that are or are derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, taken in the Queensland Blue Swimmer Crab Pot Fishery as defined in the Queensland Fisheries Act 1994 and Fisheries Regulation 2008 (section 303DB). This change was effective as of the date of the amendment, which is 12 October 2015. The amendment imposes specific obligations and requirements on the entities and parties governed by the Act. It mandates that any specimens taken in the Queensland Blue Swimmer Crab Pot Fishery, which were previously exempt from certain provisions under the EPBC Act, are no longer exempt. This means that any person or entity taking such specimens will need to comply with relevant environmental protection and biodiversity conservation laws and regulations, including obtaining necessary permits or approvals as required by the EPBC Act. The removal of the exemption requires adherence to the full scope of the Act's provisions, ensuring that all activities involving these specimens are conducted in a manner that complies with environmental protection standards. Failure to comply with the provisions of the EPBC Act can lead to various offences and penalties. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include substantial fines, with the exact amount depending on the nature and severity of the breach. In cases of criminal offences, individuals may face imprisonment, and corporations can incur significant fines. The maximum penalties vary depending on the specific provisions of the Act that are breached, but they can be severe, reflecting the importance of protecting biodiversity and the environment. It is critical for all parties to be aware of their obligations under the amended Act to avoid any potential legal repercussions.