Amendment of List of Exempt Native Specimens - Queensland River and Inshore (Beam) Trawl Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly with regard to matters of national environmental significance. This legislation aims to address the problem of unsustainable exploitation and conservation of native species and ecosystems, including marine life. The Act is administered by the Australian Government, with specific responsibilities delegated to the Minister for the Environment, who has the authority to make certain amendments to the list of exempt native specimens. In this case, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, acting as the Minister's delegate, has amended the list to revoke the previous conditions and impose new ones on the specimens taken in the Queensland River and Inshore (Beam) Trawl Fishery. The policy objective is to ensure that these specimens are taken lawfully and are included in the list until a specified date, thereby regulating their trade and use while maintaining biodiversity and conservation efforts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and individuals involved in activities that may impact the environment, including native specimens, endangered species, and ecological communities. This Act is enforced at the Commonwealth level, extending its jurisdiction across the entire nation and ensuring that activities impacting biodiversity are managed consistently. The specified amendment to the list of exempt native specimens under the EPBC Act pertains to specimens that are or are derived from fish or invertebrates taken in the Queensland River and Inshore (Beam) Trawl Fishery, provided they are not species listed under Part 13 of the Act. The conditions now stipulate that the specimens must be taken lawfully and remain exempt until 19 February 2016. This amendment serves to clarify the exemption criteria for certain fishery activities while maintaining strict oversight to protect biodiversity. The Act’s application can be further detailed or restricted through subordinate instruments, which may include regulations or guidelines issued by the relevant authorities.

Key Provisions

The key provisions of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are outlined in section 303DC(1), which pertains to the amendment of the list of exempt native specimens under section 303DB. The amendment revokes the previous conditions that applied to specimens taken in the Queensland River and Inshore (Beam) Trawl Fishery, which were in effect as of 12 April 2006. In their place, it imposes new conditions, which include that the specimens, or the fish or invertebrate from which they are derived, must have been taken lawfully and that the specimens remain included in the list until 19 February 2016. The Act imposes specific obligations on the parties or entities it governs. Firstly, it requires that any specimens derived from fish or invertebrates in the Queensland River and Inshore (Beam) Trawl Fishery must have been obtained legally. This means that the process of taking these specimens must comply with all relevant laws and regulations, ensuring that the fishing activities are conducted in a manner that is environmentally sustainable and does not harm biodiversity. Secondly, the Act mandates that these specimens remain exempt from certain controls until 19 February 2016, provided they meet the criteria specified in the new conditions. In terms of consequences for breach, the Act does not explicitly detail offences, penalties, or specific civil or criminal consequences for non-compliance with the new conditions. However, it is important to note that any illegal fishing activities that contravene the requirement for specimens to be taken lawfully could result in penalties under other relevant legislation, such as state or territory fisheries laws. These penalties could include fines, imprisonment, or both, depending on the severity and circumstances of the offence. The Act's purpose is to ensure that the specimens are managed sustainably and legally, thereby protecting biodiversity and the environment.