Unique Identifying Number:
EPBC303/DC/SFS/2016/05
COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Amendment of List of Exempt Native Specimens
I, ILSE KIESSLING, A/g 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 19 August 2011 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 Act, taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery
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 16 February 2017.
Dated this 12 day of February 2016
….………………Ilse Kiessling…………………….
Delegate of the Minister for the Environment
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and manage Australia's biodiversity and environmental heritage. This legislation provides the legal basis for the Australian Government to intervene in matters that have a significant impact on the environment, particularly those that affect matters of national environmental significance. In this context, the Act aims to ensure that environmental considerations are integrated into decision-making processes at both federal and state levels. The policy objective is to safeguard Australia's natural resources and ecological processes, promoting sustainable development and the conservation of biodiversity.
On 12 February 2016, the Minister for the Environment, through a delegate, amended the List of Exempt Native Specimens under the EPBC Act. This amendment involved revoking existing conditions for certain fish and invertebrate specimens taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery, while imposing new conditions that these specimens must be taken lawfully and remain listed until 16 February 2017. This change aims to balance the needs of the fishing industry with the imperative to protect and conserve native species and their habitats.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad spectrum of entities and conduct, particularly those involving biodiversity conservation and environmental protection. In this instance, the Act's application extends to specimens of fish or invertebrates taken within the Queensland Fin Fish (Stout Whiting) Trawl Fishery, with the specific amendment focusing on altering the conditions under which such specimens are listed as exempt native specimens. This amendment affects entities involved in the fishing industry, specifically those operating within the Queensland Fin Fish (Stout Whiting) Trawl Fishery. The geographic reach of this legislation is national, as the EPBC Act operates at the Commonwealth level, impacting all states and territories within Australia. Notably, the Act excludes specimens derived from species listed under Part 13 of the Act, thereby maintaining stringent controls on certain protected species. The amendment imposes specific conditions, such as the requirement that specimens must be taken lawfully and are included in the list until 16 February 2017, thereby extending or restricting the application through the imposed conditions. This legislative change aims to balance environmental protection with industry operations by carefully regulating the trade and handling of native specimens within a defined legal framework.
Key Provisions
The primary operative sections of the Amendment of List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are sections 303DB and 303DC (paragraph 1). Section 303DB establishes the list of exempt native specimens, while section 303DC allows the Minister or a delegate to amend this list by adding or removing items. The amendment made here revokes previous conditions that applied to certain specimens taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery and imposes new conditions. Specifically, the specimens must be taken lawfully and must be included in the list until 16 February 2017.
The Act imposes specific obligations on parties or entities involved with the handling, possession, or trade of these exempt native specimens. It requires that any specimens taken must comply with the legal conditions set out in the amended list. This includes ensuring that the specimens or the fish or invertebrates from which they are derived were taken in accordance with the law. Additionally, entities must adhere to the timeframe specified, ensuring that the specimens remain on the exempt list until 16 February 2017.
Breaches of the provisions outlined in the EPBC Act can result in both civil and criminal consequences. Offences under the Act may include the illegal taking of specimens, the unauthorised handling or trade of exempt specimens, or the failure to comply with the specific conditions imposed by the Minister or a delegate. The penalties for such breaches can include substantial fines, imprisonment, or both, depending on the severity of the offence. For example, under the EPBC Act, individuals found guilty of illegal wildlife trade may face fines of up to $330,000 and imprisonment for up to 10 years. Additionally, corporations can be fined up to $1.65 million for similar offences. These penalties reflect the seriousness with which the Australian government treats the protection of native species and biodiversity.