Amendment of List of Exempt Native Specimens - Queensland East Coast Otter Fishery (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 was introduced to address the need for a comprehensive framework to manage and protect the environment across Australia, ensuring that development and other activities do not have significant adverse impacts on the environment. The Act aims to achieve this by establishing a regulatory framework that includes the protection of native species and their habitats. The policy objective of the EPBC Act is to ensure that activities do not harm the environment, and to promote the sustainable use of natural resources. In this context, amendments to the list of exempt native specimens are made to better align with conservation objectives and to reflect changing ecological understandings and environmental conditions. The amendment to the list of exempt native specimens, as detailed in the Gazette C2013G01785, was enacted by Paul Murphy, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, as a delegate of the Minister for the Environment. This amendment removes certain specimens that are or are derived from fish or invertebrates, specifically those taken in the Queensland East Coast Otter Fishery, from the list of exempt native specimens. This change was made to better reflect current conservation needs and to ensure that the management of these species is consistent with the broader objectives of the EPBC Act. The removal of these specimens from the list signifies a shift towards more stringent protection measures for these species, acknowledging their ecological importance and the need to mitigate potential adverse impacts on their populations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, particularly in relation to matters of national environmental significance. In this context, the Act applies to entities and individuals involved in activities that may impact upon these significant matters. This includes both domestic and international entities, as well as persons involved in activities that may affect protected matters, such as listed threatened species and ecological communities, World Heritage properties, and Ramsar wetlands. The Act's jurisdiction extends across the Commonwealth of Australia, including its territories, and applies to actions taken within Australia as well as by Australian citizens and entities overseas. Certain exclusions and exemptions apply, particularly in relation to State activities and certain minor actions, as outlined in the Act and its subordinate instruments. In this specific amendment, the Act's scope is refined through the removal of an exemption for certain fish and invertebrate specimens taken in the Queensland East Coast Otter Fishery, thereby extending the application of the Act to these specimens. This legislative amendment operates to tighten the regulation of native specimens under the EPBC Act, ensuring that all specimens derived from fish or invertebrates, unless they are already listed under Part 13 of the Act, are subject to the Act's provisions. This change is effective nationally, impacting all persons and entities involved in the taking of such specimens within Australia. The amendment does not introduce new thresholds but rather clarifies existing ones by removing a specific exemption previously in place, thus extending the Act's regulatory reach to these specimens. The amendment does not alter the jurisdictional scope of the Act but ensures more consistent application across all native specimens by removing an outlier exemption.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended through Gazette C2013G01785, with a unique identifying number EPBC303DC/SFS/2013/53, to revise the list of exempt native specimens. This amendment, made on 26 November 2013, specifically removes certain specimens from the list of exempt items. Section 303DB of the EPBC Act establishes the list of exempt native specimens, and the amendment under section 303DC(1) removes specimens that are or were derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, taken in the Queensland East Coast Otter Fishery. This change effectively means that these specimens are no longer exempt from certain provisions of the Act, potentially subjecting them to additional regulatory requirements. The obligations imposed by this amendment are primarily on those entities or individuals involved in the handling, trade, or transportation of the specified specimens. As these specimens are no longer exempt, they may now be subject to additional scrutiny, permitting, or other regulatory processes as outlined in the EPBC Act. This could include requirements for licences, permits, or other forms of authorisation necessary for the collection, possession, or trade of these specimens. The Act may also necessitate that these specimens are managed in a manner that aligns with broader environmental protection and biodiversity conservation objectives. Failing to comply with the amended provisions of the EPBC Act can result in both civil and criminal penalties. Under the Act, offences may include unauthorised collection, possession, or trade of the specimens in question. The penalties for breaches can be severe, with the Act providing for maximum penalties that could include substantial fines and, in the case of criminal offences, imprisonment. The exact penalties depend on the specific nature and severity of the breach, but they are designed to enforce compliance with the Act's environmental protection and biodiversity conservation goals.