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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of Australia's biodiversity and manage the environmental impact of significant actions. This Act, overseen by the Australian Parliament, aims to safeguard native species and ecosystems, including through the regulation of trade in native flora and fauna. In 2015, the Act was amended to include certain fish and invertebrate specimens from the Queensland East Coast Inshore Fin Fish Fishery within the list of exempt native specimens. This amendment was made by the Minister for the Environment's delegate to ensure that these specimens are only exempt if taken lawfully and only until 1 October 2015, thus providing a temporary regulatory measure while maintaining oversight to protect endangered species and maintain ecological balance.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of the environment, biodiversity, and heritage places in Australia. This legislation applies to individuals, corporations, and other entities involved in activities that may impact the environment or biodiversity, particularly those requiring approval under the EPBC Act. The Act operates across the Commonwealth of Australia, extending its reach to territories and external territories, thereby establishing a national standard for environmental protection. The amendment in question specifically pertains to the list of exempt native specimens, targeting entities engaged in the fish and invertebrate trade within the Queensland East Coast Inshore Fin Fish Fishery. The amendment includes specimens derived from fish or invertebrates taken lawfully in this fishery, subject to certain conditions, namely that these specimens must not belong to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA (Australia’s CITES list). The inclusion in the list is provisional and applicable until 1 October 2015. This amendment does not affect entities or individuals outside the specified fishery or those dealing in listed species or taxa, thereby providing clear exemptions within the broader scope of the Act.

Key Provisions

The amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), as implemented by the Gazette notice C2015G00283, introduces specific changes to the list of exempt native specimens. According to section 303DC(1) of the EPBC Act, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, has authorised the inclusion of certain specimens derived from fish or invertebrates, subject to certain conditions. Specifically, section 303DB of the EPBC Act is amended to include specimens taken in the Queensland East Coast Inshore Fin Fish Fishery, as defined under the Queensland Fisheries Act 1994 (subsection 303DC(1)). However, this inclusion excludes specimens belonging to species listed under Part 13 of the EPBC Act and taxa listed under section 303CA (Australia's CITES list). The amendment also stipulates that these specimens are exempt only if they were taken lawfully and are included in the list until 1 October 2015 (subsection 303DC(1)). The obligations and requirements imposed by this amendment are clear and specific. Entities involved in the handling or trading of specimens derived from fish or invertebrates must ensure that these specimens comply with the new conditions. They must verify that the specimens were taken in accordance with the Queensland East Coast Inshore Fin Fish Fishery management regime and that they do not belong to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA. Additionally, any activities involving these specimens must cease by 1 October 2015, as this date marks the end of their inclusion in the list of exempt native specimens. This requirement underscores the importance of adherence to the specified timeframe and conditions. Failure to comply with the conditions set forth in the amendment could lead to various consequences. While the Gazette notice does not explicitly state penalties for breaches, it is important to note that violations of the EPBC Act can attract significant civil and criminal penalties. Under section 519 of the EPBC Act, individuals or entities found guilty of contravening the Act may face fines up to $66,600 for individuals and $333,300 for bodies corporate, as well as potential imprisonment for serious offences. Additionally, breaches may result in the revocation of permits, licenses, or approvals related to the handling or trade of native specimens, further underscoring the importance of compliance with the amended provisions.