Amendment of List of Exempt Native Specimens - Queensland Gulf of Carpentaria Line Fishery (inclusion)

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. This Act was introduced to address the problem of preserving biodiversity and managing the impact of human activities on the environment, ensuring sustainable use of natural resources. The Act empowers the Minister for the Environment to amend the list of exempt native specimens to regulate the trade and transportation of native species. In this context, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as a delegate of the Minister, amended the list by including specimens from the Queensland Gulf of Carpentaria Line Fishery, subject to certain conditions that ensure compliance with legal fishing practices and the operation of approved wildlife trade activities. This amendment aims to facilitate the lawful trade of fish and invertebrate specimens while protecting endangered species and upholding international wildlife trade agreements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a comprehensive framework for the protection of the environment and biodiversity within Australia. This Act applies to various entities and individuals involved in activities that may impact the environment and biodiversity, including businesses, government agencies, and individuals. In this instance, the Act extends to regulate the trade and transport of native specimens, particularly focusing on those derived from fish or invertebrates taken within specific fisheries, such as the Queensland Gulf of Carpentaria Line Fishery. The geographic reach of the Act is national, with provisions that apply across the Commonwealth of Australia. However, the amendment specified under this Act pertains to specimens from the designated fishery, excluding those that belong to species listed under Part 13 of the EPBC Act, excluding conservation dependent species, and those listed under Australia's CITES list, section 303CA. The amendment is conditional upon the specimens being taken lawfully and being part of a declared approved wildlife trade operation under section 303FN of the EPBC Act. The Act’s provisions may be further defined or extended through subordinate instruments, which provide detailed guidelines and additional regulatory measures to ensure compliance with environmental protection objectives.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended through Gazette C2013G01790 to modify the list of exempt native specimens. Specifically, section 303DB of the Act has been updated to include specimens from fish or invertebrates taken in the Queensland Gulf of Carpentaria Line Fishery (subsection 303DC(1)). This inclusion is subject to certain conditions: the specimens must be taken lawfully and must be part of an approved wildlife trade operation as outlined in section 303FN of the Act (paragraph 303DB(1)(b)). Additionally, the exemption does not apply to specimens belonging to species listed under Part 13 of the EPBC Act, excluding those in the conservation dependent category, nor does it apply to taxa listed under section 303CA (Australia’s CITES list). The Act imposes specific obligations on the entities involved in the trade of these specimens. Firstly, it is mandatory that any specimens derived from the Queensland Gulf of Carpentaria Line Fishery are taken lawfully (subsection 303DB(1)(b)). This means that all fishing activities must comply with relevant fishing regulations and obtain necessary permits. Furthermore, the specimens must be covered by a declaration from an approved wildlife trade operation, ensuring that the trade complies with the requirements set out in section 303FN of the EPBC Act. This involves adherence to detailed guidelines regarding the handling, processing, and transportation of the specimens to prevent illegal trade and ensure sustainable practices. Breaches of the conditions set out in the amended list of exempt native specimens can lead to various consequences. The EPBC Act provides for both civil and criminal penalties for non-compliance. Civil penalties may include fines up to the maximum prescribed by the Act, which can be significant depending on the severity and frequency of the breach. Additionally, criminal penalties may apply, with offenders potentially facing imprisonment for serious or repeated violations. The specific penalties are outlined in other sections of the EPBC Act, which detail the enforcement mechanisms and the maximum fines and imprisonment terms for different types of breaches. These provisions are designed to deter non-compliance and ensure the protection of native species and their habitats.