Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the nation's biodiversity, by implementing measures that prevent significant impacts on matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework that integrates environmental protection with sustainable use of natural resources, ensuring that developments and activities do not cause unacceptable harm to the environment. The EPBC Act is administered by the Parliament of the Commonwealth of Australia, with the policy objective of preserving Australia's biodiversity and ecosystems, while also considering economic and social factors. In a specific instance, the Assistant Secretary of the Marine Biodiversity and Biosecurity Branch, acting as the delegate of the Minister for Sustainability, Environment, Water, Population and Communities, amended the list of exempt native specimens under the EPBC Act on 5 June 2013. This amendment involved revoking certain conditions previously attached to the inclusion of specimens taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, which are now subject to specific restrictions ensuring that the specimens were taken lawfully and are included in the list until 6 June 2014. This action aims to balance the need for environmental protection with the management of sustainable fishing practices in the specified area.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia and its territories. This legislation applies to a broad range of activities and entities, including individuals, corporations, and government bodies, that may impact environmental values or matters of national environmental significance. The Act provides a framework for the protection of native flora and fauna, their habitats, and ecological communities. The geographic scope of the EPBC Act extends across the Commonwealth of Australia, including its territorial seas, internal waters, and the airspace above these areas. Additionally, the Act applies to Australian activities and entities that may impact on matters of national environmental significance outside Australia’s jurisdiction. The Act’s provisions can be extended or restricted through subordinate instruments, which may include regulations or guidelines issued by the Minister under the authority of the Act. The amendment to the list of exempt native specimens under the EPBC Act specifically pertains to specimens derived from fish or invertebrates taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, subject to certain conditions and restrictions, such as lawful taking and a specified duration until 6 June 2014.

Key Provisions

The main operative sections of the Gazette, C2013G00856, concern the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(1) authorises the Delegate to amend the list, and section 303DB establishes the list of exempt specimens. The Gazette revokes the conditions that previously applied to specimens of fish or invertebrates taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, as defined under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994. These specimens are exempt from certain protections provided by the EPBC Act, except for those belonging to species listed under Part 13 or taxa listed under section 303CA of the EPBC Act. The exemption is subject to the conditions that the specimens were taken lawfully and that they remain exempt until 6 June 2014. The obligations and requirements imposed by this amendment on the parties or entities it governs include ensuring that any specimens of fish or invertebrates taken within the specified fishery are not from species or taxa listed under Part 13 or section 303CA of the EPBC Act. Additionally, the specimens must be taken in accordance with the laws of Queensland, specifically under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994. This means that any entity or individual involved in the collection, possession, or trade of these specimens must verify that they comply with the specified legal conditions, including the requirement that the specimens be taken lawfully. The Gazette also outlines the potential consequences for breach of the provisions of the EPBC Act. While the Gazette itself does not specify penalties, the EPBC Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines up to a significant amount, depending on the severity and nature of the breach. Criminal penalties can include fines and imprisonment, with the maximum penalties varying based on the specific offence and jurisdiction. It is important for entities and individuals to adhere to the conditions and requirements set out to avoid these penalties.