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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with regard to matters of national environmental significance, and to protect native species and their habitats. The Act addresses the need for comprehensive environmental protection and sustainable use of natural resources. The amendment to the list of exempt native specimens under section 303DB of the EPBC Act, as detailed in the gazette C2016G00246, was introduced to refine the conditions governing the exemption of certain specimens from the need for a permit under the Act. The amendment was made by Ilse Kiessling, the Acting Assistant Secretary of the Wildlife Trade and Biosecurity Branch, as the Delegate of the Minister for the Environment. The policy objective is to ensure that native specimens derived from lawful and regulated fishing activities in the Queensland River and Inshore (Beam) Trawl Fishery are properly managed and exempt from permit requirements, provided they meet specified conditions such as being lawfully taken and covered by a declaration under an approved wildlife trade operation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a pivotal piece of legislation in Australia, providing a framework for the protection of the environment, biodiversity, and heritage. This Act applies to a broad range of persons, entities, and industries, particularly those involved in activities that might impact the environment or biodiversity. Its jurisdictional reach is national, as it is a Commonwealth Act, thereby extending its applicability across all states and territories of Australia. The Act is designed to regulate and control actions that may harm the environment or listed threatened species, ecological communities, and heritage places. The recent amendment to the List of Exempt Native Specimens, specifically concerning specimens from fish or invertebrates taken in the Queensland River and Inshore (Beam) Trawl Fishery, further exemplifies the Act's broad application by detailing conditions under which such specimens can be exempt from certain regulatory requirements. This amendment ensures that only those specimens taken lawfully and covered by an approved wildlife trade operation declaration are exempt, thereby maintaining the Act's overarching aim of environmental protection while providing flexibility for legitimate trade activities.

Key Provisions

The main operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involve the amendment of the list of exempt native specimens under section 303DB (paragraph 1). Specifically, the amendment removes the conditions previously imposed on specimens taken in the Queensland River and Inshore (Beam) Trawl Fishery, which were subject to certain conditions since 12 April 2006. The new conditions now require that the specimens, or the fish or invertebrate from which they are derived, must have been taken lawfully and that the specimens are covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery (paragraph 2). This change is intended to clarify and streamline the regulatory framework for these specimens while ensuring they comply with broader wildlife trade and conservation objectives. The obligations and requirements imposed by this amendment on the parties or entities it governs are primarily focused on ensuring compliance with the new conditions for the exemption of native specimens from certain regulatory requirements under the EPBC Act. Fisheries operating in the Queensland River and Inshore (Beam) Trawl Fishery must now ensure that any specimens taken are lawfully derived and that these specimens are covered by the declaration of an approved wildlife trade operation (paragraph 3). This means that not only must the specimens be taken in accordance with relevant fishing laws, but there must also be an approved declaration in place, which likely involves meeting certain standards and requirements set forth by the wildlife trade operation and the EPBC Act (paragraph 4). These obligations ensure that the specimens are managed in a manner that aligns with conservation goals and legal standards. In terms of offences, penalties, or consequences for breach of the provisions outlined in this amendment, the EPBC Act provides for both civil and criminal penalties (paragraph 5). For civil penalties, entities that fail to comply with the conditions for the exemption of native specimens may face fines as stipulated in the Act, which can be substantial depending on the nature and severity of the breach (subsection 536). Additionally, criminal penalties may apply for more serious breaches, including imprisonment. The maximum penalties for breaches of the EPBC Act can vary but are designed to deter non-compliance and enforce the Act's conservation objectives (subsection 537). These penalties serve to uphold the integrity of the regulatory framework and ensure that the conservation of biodiversity is prioritised.