Unique Identifying Number:
EPBC303DC/SFS/2015/03
COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Amendment of List of Exempt Native Specimens
I, PAUL MURPHY, 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 16 April 2008 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 EPBC Act, taken in the Queensland Mud Crab Fishery, as defined in the regime, made under the Queensland Fisheries Regulations 2008, in force under the Fisheries Act 1994
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 14 October 2015.
Dated this 12th day of February 2015
….……………………Paul Murphy………………………….
Delegate of the Minister for the Environment
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for comprehensive protection of the environment, particularly biodiversity, and to provide a mechanism for the assessment and mitigation of the environmental impacts of actions under Commonwealth control. The Act was introduced to fill a significant gap in environmental protection by providing a framework for the conservation of biodiversity and ecological processes, as well as the management of environmental impacts. Under the authority granted by the Act, the Minister for the Environment can delegate powers to amend certain lists, including the list of exempt native specimens. This delegation allows for the dynamic management of exemptions to ensure they remain effective and aligned with current scientific understanding and conservation needs. The policy objective of these amendments is to refine the exemptions to ensure they accurately reflect current conservation priorities and legal requirements.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the regulation of activities and entities that impact on matters of national environmental significance, including the trade and transport of native species. This particular legislative amendment concerns the list of exempt native specimens under section 303DB of the EPBC Act, specifically targeting specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act. These changes pertain to specimens taken in the Queensland Mud Crab Fishery, as defined in the Queensland Fisheries Regulations 2008, under the Fisheries Act 1994. The amendment revokes previous conditions that were subject to the inclusion of these specimens on the list and imposes new conditions, including that the specimens must be taken lawfully and are included in the list until 14 October 2015. The geographic reach of this legislation is national, with its application extending throughout Australia, and it is administered under the Commonwealth jurisdiction. This amendment does not introduce any exclusions, exemptions, or thresholds beyond those already specified within the EPBC Act. The Act may be further extended or restricted through subordinate instruments as deemed necessary by the Minister for the Environment.
Key Provisions
The main operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) concern the adjustment of the list of exempt native specimens. Specifically, section 303DC(1) allows the Minister for the Environment to delegate authority to amend the list, which is done here by Assistant Secretary Paul Murphy. The amendment in question revokes the conditions that were previously attached to specimens taken from the Queensland Mud Crab Fishery, which were included in the list of exempt native specimens on 16 April 2008. Instead, new conditions are imposed: specimens must be taken lawfully, and they remain included in the list until 14 October 2015.
This Act imposes obligations on entities involved in the handling or trade of these specimens. Primarily, it mandates that any specimens taken from the Queensland Mud Crab Fishery must be derived lawfully, ensuring compliance with both state and federal regulations. Additionally, the amendment specifies that the exemption applies only until 14 October 2015, thus setting a clear temporal boundary for the exemption's validity. Entities must ensure that their activities are within these legal confines, particularly regarding the date by which the exemption is effective.
Failure to comply with the conditions set out in this amendment could result in legal repercussions. Although specific offences and penalties are not detailed in this excerpt, breaches of the EPBC Act generally can lead to substantial fines and potential imprisonment. For example, under section 510 of the EPBC Act, a person who contravenes any provision of the Act may face a fine of up to $66,000 for an individual offence and $330,000 for a corporate offence, along with possible imprisonment. Additionally, civil penalties can apply, and in severe cases, criminal prosecution may follow. These penalties underscore the importance of adhering to the conditions outlined in the amendment.