Amendment of List of Exempt Native Specimens - Queensland Sea Cucumber Fishery East Coast (inclusion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, through the regulation of activities that have, or potentially could have, a significant impact on the environment. The Act was introduced to address the need for a comprehensive legal framework that ensures the protection of Australia's unique biodiversity and ecosystems. The EPBC Act is administered by the Parliament of the Commonwealth of Australia, and it aims to protect and conserve Australia's biodiversity and manage the impacts of activities on the environment. The policy objective of this particular legislative amendment is to regulate the trade of native fish and invertebrate specimens taken within the Queensland Sea Cucumber Fishery (East Coast) while allowing for sustainable management and conservation of these species. This amendment ensures that only legally taken specimens, which are part of an approved wildlife trade operation, are exempt from certain regulatory requirements under the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection and management of native flora, fauna, and biodiversity across Australia. The specified amendment to the list of exempt native specimens, as enacted under section 303DB of the EPBC Act, pertains to specimens that are or derive from fish or invertebrates taken in the Queensland Sea Cucumber Fishery (East Coast). The amendment includes these specimens in the list of exempt native specimens, subject to the condition that they are taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. Specimens of species listed under Part 13 of the Act remain excluded from this exemption. This legislative amendment applies nationally and extends the existing provisions of the EPBC Act to regulate and manage wildlife trade operations within the specified fishery. The inclusion of these specimens into the list is subject to specific restrictions, ensuring that the trade and possession of these specimens comply with the legislative requirements and conservation objectives outlined in the EPBC Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended to include certain specimens in the list of exempt native specimens. Specifically, the amendment pertains to specimens taken from fish or invertebrates in the Queensland Sea Cucumber Fishery (East Coast), excluding those belonging to species listed under Part 13 of the Act (sections 303DB and 303DC). The inclusion of these specimens in the list is conditional upon two key requirements: the specimens must be taken lawfully and must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act (section 303DC(1)). Entities and individuals involved in the Queensland Sea Cucumber Fishery must ensure compliance with these legislative amendments. This involves verifying that any specimens derived from fish or invertebrates are lawfully taken and that these specimens are part of a declared wildlife trade operation. Failure to meet these requirements means that the specimens would not be exempt from the regulatory provisions of the EPBC Act, potentially subjecting them to additional scrutiny or restrictions (section 303FN). Breach of the conditions stipulated in the amendment may result in legal consequences. While the specific penalties are not detailed in the text, under the EPBC Act, breaches of regulations concerning the taking or trade of native specimens can lead to substantial penalties. For example, individuals found guilty of unlawful taking of native specimens may face fines of up to $330,000 and/or imprisonment for up to five years (section 474). Additionally, entities involved in wildlife trade operations that fail to comply with the Act’s requirements may also face financial penalties and other regulatory actions, which could include suspension or revocation of their operational approvals (section 477D).