Amendment of List of Exempt Native Specimens - Queensland Gulf of Carpentaria Inshore Fin Fish Fishery (inclusion) (10/09/2014)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is foundational legislation enacted by the Parliament of Australia to protect and manage the environment, including native species and their habitats. This Act was introduced to address the need for comprehensive regulation of activities that could impact the environment, particularly concerning biodiversity and ecological processes. The Act provides a framework for the protection of threatened species and ecological communities, and it establishes mechanisms for the assessment and approval of activities that may have significant environmental impacts. In the context of native specimens, the Act aims to regulate their trade and ensure that it is conducted sustainably and legally. The 2014 amendment to the list of exempt native specimens, as detailed in the Gazette C2014G01548, seeks to refine the conditions under which certain fish and invertebrate specimens from the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery can be traded, ensuring compliance with both state and federal wildlife protection laws. The policy objective is to balance ecological sustainability with the needs of the fishing industry, thereby supporting conservation efforts while enabling lawful trade practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, including native flora and fauna, in Australia. The legislation applies to individuals, entities, and industries involved in activities that may impact the environment, ensuring compliance with environmental standards and regulations. The Act has a national reach, applying across the Commonwealth of Australia and ensuring that environmental protection is a coordinated effort among federal, state, and territory jurisdictions. The amendment to the list of exempt native specimens pertains specifically to specimens derived from fish or invertebrates taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, subject to certain conditions. Specimens derived from species listed under Part 13 or taxa listed under section 303CA of the EPBC Act are excluded from this amendment. The changes imposed by this amendment are subject to the specimen being taken lawfully and covered by an approved wildlife trade operation declaration under section 303FN of the EPBC Act, thereby ensuring the integrity of the fishery and compliance with environmental protection standards.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended to alter the list of exempt native specimens. Specifically, section 303DB(1) has been revised to remove certain conditions that applied to specimens taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery. These specimens include those derived from fish or invertebrates, unless they are from species listed under Part 13 of the EPBC Act or taxa listed under section 303CA of the EPBC Act. New conditions have been imposed to ensure that the specimens were taken lawfully and are part of a declaration from an approved wildlife trade operation under section 303FN of the EPBC Act. Under the revised provisions, entities involved in the collection and trade of these specimens must comply with specific requirements. They must ensure that the specimens were obtained legally, adhering to the regulations set out in the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994. Additionally, any wildlife trade operation must be approved under section 303FN of the EPBC Act, which involves declaring the fishery and obtaining the necessary permits or approvals to engage in lawful trade of these specimens. Failure to comply with the new conditions and requirements can lead to significant consequences. Offences under the EPBC Act may result in both civil and criminal penalties. The maximum penalties for breaches can include substantial fines and imprisonment. For corporations, the fines can reach up to the greater of three times the benefit obtained from the offence, or $210,000,000 for serious or repeated breaches. Individual offenders may face fines and imprisonment depending on the severity of the breach. These stringent measures are in place to enforce the conservation objectives and to ensure the sustainable management of native specimens.