Amendment of List of Exempt Native Specimens - Queensland East Coast Pearl Fishery and Victorian Scallop Fishery (16/12/2014)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment, particularly biodiversity and heritage, by regulating activities that have, or may have, a significant impact on matters of national environmental significance. The Act was introduced to provide a framework for the conservation and protection of Australia's biodiversity, including native species and their habitats. In this context, the Act aims to ensure that environmental factors are considered in decision-making processes affecting these areas. The amendment of the list of exempt native specimens under the EPBC Act, as detailed in the legislative instrument, serves to refine and update the regulatory framework to better align with current fisheries management practices and biodiversity conservation objectives. This amendment was enacted by Paul Murphy, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, as the Delegate of the Minister for the Environment, in accordance with the provisions of the EPBC Act. The policy objective behind these amendments is to maintain a balanced approach between sustainable fisheries management and the protection of biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, administered by the Commonwealth of Australia, applies broadly to the protection of the environment and biodiversity, including the regulation of activities that may impact upon native flora, fauna, and their habitats. This particular legislative instrument, which amends the list of exempt native specimens, applies specifically to specimens taken from fish or invertebrates within designated fisheries, excluding those species listed under Part 13 of the EPBC Act. This amendment removes previous conditions and imposes new ones, such as ensuring that specimens are taken lawfully and that they remain included in the list until 15 January 2016. The geographic scope of this amendment is limited to the Victorian Scallop Fishery and the Queensland East Coast Pearl Fishery, as defined by relevant Queensland legislation. It is pertinent to note that this amendment does not extend its application beyond these specified fisheries and the stipulated timeframe, thereby providing clear parameters for compliance and enforcement under the Act.

Key Provisions

The main operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) concern the alteration of the list of exempt native specimens (section 303DB). This amendment, specifically under subsection 303DC(1) of the EPBC Act, revokes existing conditions for certain fish and invertebrate specimens taken in the Victorian Scallop Fishery and the Queensland East Coast Pearl Fishery (section 303DB). Instead, it imposes new conditions that these specimens must be taken lawfully and that they remain exempt until 15 January 2016. The amendment applies to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act. The Act imposes several obligations on parties involved in the handling, trade, or transportation of these specimens. Firstly, any person taking specimens in the specified fisheries must ensure that the specimens are taken lawfully, adhering to all relevant local and federal regulations. Secondly, the specimens must be included in the list of exempt native specimens until the stipulated date of 15 January 2016. Compliance with these conditions is necessary to benefit from the exemption provided by the Act. Any deviation from these requirements could result in the loss of the exemption, potentially exposing the specimens to stricter regulatory oversight. Failure to comply with the conditions set out in the amended list of exempt native specimens may lead to civil or criminal consequences. Although the specific penalties are not detailed within the text of this amendment, breaches of the EPBC Act generally may result in substantial fines and, in severe cases, imprisonment. The maximum penalties for contraventions of the EPBC Act can vary significantly depending on the nature and severity of the breach. For example, individuals and corporations may face fines of up to $1.1 million, while serious offences could lead to imprisonment for up to five years. These penalties underscore the importance of adhering to the conditions outlined in the amendment.