Amendment of List of Exempt Native Specimens - Queensland Fin Fish (Stout Whiting) Trawl Fishery (07/08/2015)

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. It addresses issues such as the conservation of biodiversity, the protection of threatened species and ecological communities, and the management of the impacts of activities on the environment. The Act was introduced to fill a critical gap in environmental protection, ensuring that Commonwealth actions and policies consider their environmental impact, particularly in relation to endangered species and ecosystems. The EPBC Act is administered by the Commonwealth Government and its policy objective is to foster sustainable development through the protection of the environment. In the case of this specific amendment, the Act was updated to modify the list of exempt native specimens by revoking and imposing new conditions on specimens taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery. This legislative adjustment was made to ensure that the specimens are taken lawfully and that the exemption remains in place until 16 February 2016.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to individuals, entities, and activities that may impact on matters of national environmental significance, including native flora and fauna, heritage places, and internationally protected species. The Act operates across the Commonwealth of Australia, providing a framework for the protection and management of the environment. The amendment of the List of Exempt Native Specimens under section 303DB of the EPBC Act specifies conditions for the inclusion of certain specimens in the list, which exempts them from certain regulatory requirements. In this particular amendment, specimens of fish or invertebrates derived from the Queensland Fin Fish (Stout Whiting) Trawl Fishery, provided they are not of species listed under Part 13 of the Act, are now subject to specific conditions that they must be taken lawfully and remain included in the list until 16 February 2016. The Act’s application can be extended or restricted through subordinate instruments, allowing for further detailed regulation of wildlife trade and biosecurity measures.

Key Provisions

The key operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involve the revocation of existing conditions (section 303DC(1)) and the imposition of new conditions (section 303DB) for the inclusion of certain specimens in the list of exempt native specimens. Specifically, section 303DC(1) allows the Delegate of the Minister for the Environment to amend the list of exempt native specimens, while section 303DB establishes the list itself. This amendment revokes the previous conditions that applied to specimens taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery, effective from 19 August 2011, and replaces them with new conditions that require the specimens to be taken lawfully and be included in the list until 16 February 2016. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, any person handling specimens that are or are derived from fish or invertebrates taken in the specified fishery must ensure that these specimens comply with the new conditions. This includes verifying that the specimens were taken lawfully, which may involve obtaining necessary permits or adhering to specific fishing regulations. Additionally, the specimens must remain in the list of exempt native specimens until the specified date of 16 February 2016, meaning any trade or transportation of these specimens outside this period would not be exempt under the Act. In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not explicitly detail these within the text provided. However, generally under the EPBC Act, breaches can lead to civil penalties, which may include fines, and criminal penalties, which could result in imprisonment. The specific maximum penalties would depend on the nature and severity of the breach, as well as other provisions within the Act. For example, unauthorised dealings with native specimens can attract significant fines and imprisonment terms, as outlined in various sections of the EPBC Act. It is important for entities and individuals to adhere to the conditions set out to avoid these potential legal repercussions.