Amendment of List of Exempt Native Specimens - Queensland Fin Fish (Stout Whiting) Trawl Fishery (13/08/2014)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by establishing a framework for the assessment and approval of certain activities that may impact on the environment. This Act addresses gaps in existing environmental protection measures by offering a more comprehensive and integrated approach to environmental conservation, including the regulation of wildlife trade and invasive species. The EPBC Act is administered by the Commonwealth Parliament, and its policy objective is to ensure the protection of biodiversity and the sustainable use of natural resources. This specific amendment, made by the Delegate of the Minister for the Environment under subsection 303DC(1) of the EPBC Act, revises the list of exempt native specimens by removing certain conditions and imposing new ones, specifically concerning specimens derived from fish or invertebrates within the Queensland Fin Fish (Stout Whiting) Trawl Fishery, effective until 14 August 2015.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth legislation that applies to the protection of the environment and biodiversity, including native flora and fauna, and the regulation of activities that may impact these areas. The act applies to persons and entities involved in activities that may affect matters of national environmental significance, as well as to the industries and transactions that have the potential to cause significant environmental harm. The geographic reach of the Act is national, encompassing the entire Commonwealth of Australia, including its territories. The Act provides for the regulation of activities through the issuing of permits and the establishment of lists of protected species and ecosystems. The Act also allows for the amendment of these lists, as demonstrated in the case of the listed exempt native specimens, which are subject to change based on factors such as scientific research and environmental impact assessments. The Act’s application may be further extended or restricted through subordinate instruments, such as regulations and guidelines, which provide more detailed provisions on specific matters covered by the Act.

Key Provisions

The key operative sections of this legislation, specifically the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), involve amendments to the list of exempt native specimens. Section 303DC(1) provides the authority for the amendment, while section 303DB establishes the list of exempt specimens. The legislation revokes the conditions previously attached to the inclusion of specimens derived from fish or invertebrates, except those belonging to species listed under Part 13 of the Act, taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery. New conditions are imposed, stipulating that the specimens must have been taken lawfully and must remain included in the list until 14 August 2015. Under the amended Act, there are several obligations imposed on the parties or entities governed by this legislation. Firstly, any specimens that are derived from fish or invertebrates must be taken lawfully. This means that the specimens must be harvested in compliance with all relevant laws and regulations governing fishing activities in Australia. Secondly, the specimens are to be included in the list of exempt native specimens until 14 August 2015. This temporal condition ensures that the exemption applies only for a specific period, after which the specimens will no longer be exempt unless further amendments are made. Failure to comply with the provisions of this legislation may result in various consequences. While specific offences, penalties, or civil/criminal consequences are not detailed in the text, breaches of environmental laws generally can lead to significant penalties. Under the EPBC Act, offences can attract substantial fines, both for individuals and corporations, as well as potential criminal charges for serious violations. The exact penalties depend on the nature and severity of the breach, but they can include hefty fines and imprisonment terms. The Act empowers enforcement agencies to take legal action against those who do not comply with the stipulated requirements, thereby ensuring adherence to environmental protection standards.