Amendment of List of Exempt Native Specimens - Queensland Marine Aquarium Fish Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly in relation to matters of national environmental significance. The Act aims to safeguard Australia's biodiversity and manage the impact of activities that could potentially harm the environment. This particular legislative amendment, introduced by the Commonwealth of Australia, was intended to address a gap in the regulation of native specimens taken within the Queensland Marine Aquarium Fish Fishery, which was previously exempt from specific EPBC Act controls. By removing certain fish and invertebrate specimens from the list of exempt native specimens, the policy objective is to enhance environmental protection and ensure better oversight and management of these resources, aligning with broader conservation goals. This amendment was enacted through the authority of the Minister for the Environment, with Ilse Kiessling acting as the delegate, ensuring compliance with the provisions outlined in the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and conduct, focusing on the protection and conservation of Australia's biodiversity and environment. Specifically, this Act applies to native specimens, including fish and invertebrates, that are taken within Australia's jurisdiction, with exceptions for species listed under Part 13 of the EPBC Act. The amendment to the list of exempt native specimens, as detailed in this Gazette, affects the Queensland Marine Aquarium Fish Fishery, which operates under the Queensland Fisheries Act 1994 and its associated regulations. The removal of the exemption for certain specimens taken in this fishery implies that these specimens are now subject to the regulatory oversight and protections outlined in the EPBC Act, unless they are part of the species listed under Part 13. The geographic scope of this amendment is limited to activities occurring within the Commonwealth of Australia, more precisely within Queensland, where the specified fishery is conducted. The Act does not explicitly state exclusions or exemptions beyond those noted, but the exclusion of listed species under Part 13 implies that those are specifically protected under different provisions. Any further application or restrictions can be extended or defined through subordinate instruments issued under the authority of the EPBC Act.

Key Provisions

The main operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involve the removal of certain specimens from the list of exempt native specimens (s 303DB). Specifically, section 303DC(1) of the EPBC Act allows the Minister for the Environment to amend this list, and in this case, the Delegate of the Minister, Ilse Kiessling, has removed specimens that are or are derived from fish or invertebrates taken in the Queensland Marine Aquarium Fish Fishery, except those belonging to species listed under Part 13 of the EPBC Act (s 303DC). This change was made on 19 November 2014, as per the official gazette notification (C2014G01910). The Act imposes specific obligations on parties or entities it governs. The removal of these specimens from the list of exempt native specimens means that any trade or movement of these specimens will now require a permit under the EPBC Act. This change ensures that the trade of these specimens is regulated to prevent overexploitation or illegal trade of marine species. The Queensland Marine Aquarium Fish Fishery will need to ensure that any specimens taken comply with the new permit requirements, including adhering to any conditions set forth by the Minister for the Environment. Failure to comply with the new permit requirements for these specimens can lead to civil and criminal consequences. Under the EPBC Act, breaches can result in significant penalties. For corporations, the maximum penalty for contravening the Act can be up to $666,000 or three times the benefit obtained from the contravention, whichever is the greater. For individuals, the maximum penalty can be up to $133,200 or two imprisonment years. Additionally, any person found guilty of an offence can be subject to both civil and criminal proceedings, including injunctions, fines, and potential imprisonment. This ensures that there are strong deterrents against illegal trade or movement of these specimens post-amendment.