Unique Identifying Number:
EPBC303DC/SFS/2014/15
COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Amendment of List of Exempt Native Specimens
I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, pursuant to subsection 303DC(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), hereby amend the list of exempt native specimens established under section 303DB of the EPBC Act by revoking the conditions to which the inclusion of the following item in the list on 16 April 2008 is subject:
- Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the Queensland Eel Fishery, as defined in the regime, made under the Queensland Fisheries Regulations 2008, in force under the Fisheries Act 1994
and imposing the following conditions to which inclusion of the specimens in the list is subject:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 17 April 2019.
Dated this 17th day of April 2014
….…………………Paul Murphy………………….
Delegate of the Minister for the Environment
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act addresses the problem of biodiversity loss and environmental degradation by regulating activities that may impact on the environment, including the trade and movement of native specimens. The EPBC Act was introduced to fill the gap in national environmental legislation, ensuring that the Commonwealth has a role in protecting the environment and biodiversity across Australia. This legislative amendment, issued by Paul Murphy, Delegate of the Minister for the Environment, pertains to the adjustment of the list of exempt native specimens under section 303DB of the Act. The policy objective of this amendment is to ensure that certain specimens taken in the Queensland Eel Fishery are subject to appropriate conditions for their inclusion in the list of exempt native specimens, thereby maintaining a balance between conservation efforts and sustainable use.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and individuals involved in activities that may impact the environment, including native flora and fauna, and their habitats. Specifically, the amendment to the list of exempt native specimens pertains to fish and invertebrate specimens taken within the Queensland Eel Fishery, as defined under the Queensland Fisheries Regulations 2008. This amendment removes certain conditions previously imposed on these specimens, thereby granting them exemption from certain EPBC Act provisions, provided they were taken lawfully and are included in the list until 17 April 2019. The EPBC Act's jurisdiction extends nationally, thereby affecting all states and territories within Australia. It is important to note that this amendment does not extend to specimens of species listed under Part 13 of the EPBC Act. The application of the Act may also be further extended or restricted through subordinate instruments issued under the authority of the Act.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended through Gazette C2014G00685, which modifies the list of exempt native specimens. This amendment, effective from 17 April 2014, involves revoking certain conditions previously imposed on specimens taken in the Queensland Eel Fishery (section 303DC(1)). Specifically, the list of exempt native specimens has been updated to remove conditions that were in place since 16 April 2008. The amendment concerns specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, and taken within the defined boundaries of the Queensland Eel Fishery as per the Queensland Fisheries Regulations 2008, under the Fisheries Act 1994.
The new conditions stipulate that for these specimens to be considered exempt, they must have been taken lawfully. Additionally, the specimens are now included in the list until 17 April 2019, providing a specific timeframe for their exemption status. These changes ensure that the list reflects current legal requirements and conditions pertinent to the management and conservation of native specimens.
Under the amended EPBC Act, entities and individuals involved in the taking, handling, or trade of these specimens must ensure compliance with the specified conditions. This involves verifying that the specimens were taken lawfully and within the legal boundaries of the Queensland Eel Fishery. Furthermore, they must ensure that the specimens are derived from species not listed under Part 13 of the EPBC Act. These obligations are critical to maintaining the integrity of the biodiversity conservation measures outlined in the Act.
Failure to comply with the conditions set out in the amended list of exempt native specimens may result in various consequences. The EPBC Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines, while criminal offences may lead to more severe penalties, including imprisonment. The exact penalties depend on the nature and severity of the breach, but they are designed to enforce compliance and deter non-compliance with environmental protection laws.