Amendment of List of Exempt Native Specimens - Queensland East Coast Inshore Fin Fish Fishery (23/02/2015) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a fundamental piece of Australian legislation aimed at protecting the nation's environment, biodiversity, and heritage. The Act was enacted to address the growing concerns over the impact of human activities on the environment and to provide a framework for the conservation of Australia's unique flora and fauna, as well as its ecosystems and cultural heritage. The policy objective of the EPBC Act is to promote the sustainable use of natural resources while protecting the environment from significant harm. This particular amendment, made in 2015 by Paul Murphy, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch as the Delegate of the Minister for the Environment, modifies the list of exempt native specimens under the EPBC Act. The amendment removes certain fish and invertebrate specimens from the list of exempt native specimens. This change was implemented to ensure the continued protection of native species and ecosystems, while acknowledging the need for sustainable fishing practices within the Queensland East Coast Inshore Fin Fish Fishery.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of native specimens, including fish and invertebrates, across the Commonwealth of Australia. This Act encompasses individuals, entities, and industries involved in activities that may impact native species, their habitats, or ecological communities. The Act's jurisdiction extends nationally, ensuring consistent protection and management of native specimens regardless of state or territory boundaries. The specified amendment relates to the removal of an exemption for specimens derived from fish or invertebrates, taken within the Queensland East Coast Inshore Fin Fish Fishery, from the list of exempt native specimens under section 303DB. This amendment is effective from the date of the Gazette and impacts those involved in the specified fishery. No specific exclusions or thresholds are noted in this amendment, and its application is direct under the authority granted to the Minister for the Environment. The Act allows for further extension or restriction of its application through subordinate instruments, which may provide additional regulatory detail or specify conditions for compliance.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended by deleting a specific exemption related to native specimens (section 303DB). This amendment, effective from 23 February 2015, removes the exemption for 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 East Coast Inshore Fin Fish Fishery. This change is based on the management regime defined in the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008. The deletion of this exemption means that such specimens are no longer exempt from the provisions of the EPBC Act and will be subject to the usual regulations and requirements under the Act. The amended EPBC Act imposes new obligations on parties or entities involved in the handling, trade, or transportation of fish or invertebrate specimens from the specified fishery. Specifically, these specimens are now subject to the full scope of the Act’s provisions, including but not limited to, assessment of their impact on matters of national environmental significance, and compliance with any relevant permits or approvals. This change means that any person or entity that was previously exempt from certain requirements under the EPBC Act must now comply with these provisions, ensuring that their activities do not negatively impact the environment or listed species. Failure to comply with the amended provisions of the EPBC Act can result in various penalties and consequences. For instance, breaches of the Act may lead to fines, imprisonment, or both, depending on the severity and nature of the offence. The maximum penalties can vary significantly, with some offences carrying penalties of up to $330,000 for individuals and $1.65 million for corporations, alongside potential imprisonment terms. Additionally, civil remedies may also be available to enforce compliance, including injunctions and orders for remediation. It is crucial for all affected parties to understand and adhere to the updated requirements to avoid these legal repercussions.