Amendment of List of Exempt Native Specimens - Queensland East Coast Otter Trawl Fishery (inclusion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address environmental protection and biodiversity conservation issues in Australia, aiming to prevent significant harm to the environment, heritage places, and matters of national environmental significance. This Act provides a framework for the Commonwealth to manage environmental impacts from activities, species, and ecosystems of national and international concern. Pursuant to the EPBC Act, the Minister for the Environment has the power to amend the list of exempt native specimens under section 303DC. In a Gazette notice dated 26 November 2013, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as a delegate of the Minister, amended the list of exempt native specimens by including specimens from fish or invertebrates taken in the Queensland East Coast Otter Trawl Fishery, subject to certain conditions. This amendment aims to facilitate the trade of these specimens while ensuring compliance with legal harvesting and wildlife trade operation declarations, thus balancing environmental protection with economic activities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and activities, including individuals, corporations, government agencies, and other organisations involved in actions that may impact Australia's environment, biodiversity, and heritage. The EPBC Act has a national jurisdictional reach, covering matters of national environmental significance, world heritage properties, wetlands of international significance, listed threatened species and ecological communities, and the impact of Commonwealth activities. The Act extends its application to both the Commonwealth and state territories, ensuring a cohesive approach to environmental protection across Australia. The specific amendment to the List of Exempt Native Specimens under section 303DC(1) of the EPBC Act, which now includes specimens from the Queensland East Coast Otter Trawl Fishery, subject to certain conditions, highlights the Act's capacity to adapt and respond to specific industry needs while maintaining stringent environmental protections. Exclusions and conditions are clearly defined, such as the requirement for specimens to be taken lawfully and for the specimens to be covered by an approved wildlife trade operation declaration. This amendment underscores the EPBC Act's role in balancing environmental conservation with economic activities, ensuring sustainable practices within regulated industries.

Key Provisions

The key provisions of this legislation amend the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by adding specimens that are or derive from fish or invertebrates taken in the Queensland East Coast Otter Trawl Fishery (section 303DB). This amendment is made under subsection 303DC(1) of the EPBC Act by Paul Murphy, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as the delegate of the Minister for the Environment. The inclusion of these specimens in the list of exempt native specimens is subject to specific conditions (section 303DC). Under these conditions, the specimens must be derived from fish or invertebrates that were taken lawfully, and the specimens must be covered by a declaration of an approved wildlife trade operation in relation to the fishery (section 303FN). This means that the operations must adhere to the criteria set by the EPBC Act and ensure that any fish or invertebrate specimens are not from species listed under Part 13 of the EPBC Act or taxa listed under section 303CA of the EPBC Act, which pertains to Australia’s CITES list. The obligations imposed by this amendment require entities involved in the Queensland East Coast Otter Trawl Fishery to ensure that any specimens taken are lawful and that they comply with the declaration requirements of an approved wildlife trade operation. This includes maintaining documentation and records that attest to the lawful taking of specimens and their coverage under the relevant declaration. The entities must also ensure that any specimens they handle do not include those from species or taxa listed under Part 13 or section 303CA of the EPBC Act. Breaching the provisions of this legislation could result in civil or criminal penalties. Specifically, any unlawful taking of specimens or failure to comply with the declaration requirements of an approved wildlife trade operation could lead to enforcement actions under the EPBC Act. The penalties for breaches may include fines, imprisonment, or both, depending on the severity and intent of the breach. The exact penalties are not specified in the text but are generally aligned with the provisions of the EPBC Act, which can impose substantial fines and imprisonment terms for serious environmental offences.