Unique Identifying Number:
EPBC303DC/SFS/2014/51
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 including in the list the following:
- 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, and
specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list)
taken by Australian flagged vessels authorised under permits issued under the Commonwealth Fisheries Management Act 1991 to operate in the ‘Exploratory fishery for Dissostichus spp. in Subareas 88.1 and 88.2’ of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) Convention Area (Ross Sea exploratory toothfish fishery)
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 31 October 2019.
Dated this 3rd day of December 2014
….……………………P.Murphy…………………………
Delegate of the Minister for the Environment
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly with respect to matters of national environmental significance. This legislation aims to ensure the sustainable use of natural resources and to prevent environmental degradation and biodiversity loss. In 2014, the Commonwealth Government, through the Minister for the Environment, amended the list of exempt native specimens under the EPBC Act to include specimens taken by Australian-flagged vessels in the Ross Sea exploratory toothfish fishery, subject to certain conditions. This amendment was made to facilitate sustainable fishing practices while maintaining the integrity of the EPBC Act's conservation objectives. The inclusion of these specimens is conditional upon their lawful acquisition and is set to remain in effect until 31 October 2019, ensuring that the exemption supports sustainable fishing practices without compromising environmental protection.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities across Australia, including the management of native species and their specimens. This particular amendment concerns the addition of certain fish and invertebrate specimens to the list of exempt native specimens under the EPBC Act. The amendment applies specifically to specimens taken by Australian-flagged vessels authorised under permits issued under the Commonwealth Fisheries Management Act 1991 to operate in the Ross Sea exploratory toothfish fishery. This amendment excludes specimens belonging to species listed under Part 13 of the EPBC Act and those listed under section 303CA of the EPBC Act, which pertains to Australia's CITES list. The inclusion of these specimens in the list of exempt native specimens is conditional on them being taken lawfully and is valid until 31 October 2019. This legislative change thus governs the conditions under which certain marine specimens can be taken, transported, and managed, ensuring compliance with both national and international conservation standards.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended to include a specific category of specimens within the list of exempt native specimens under section 303DB (paragraph 303DC). This amendment pertains to specimens that are or are derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act and taxa listed under section 303CA (Australia's CITES list). The specimens must be taken by Australian-flagged vessels authorised under permits issued under the Commonwealth Fisheries Management Act 1991, operating within the 'Exploratory fishery for Dissostichus spp. in Subareas 88.1 and 88.2' of the CCAMLR Convention Area, commonly known as the Ross Sea exploratory toothfish fishery.
Entities and parties governed by this amendment must ensure that any specimens taken are lawfully obtained and that they do not belong to the excluded species or taxa as outlined. The inclusion of these specimens in the list is conditional and is set to remain in effect until 31 October 2019. This time-limited inclusion ensures that the regulatory framework can be reviewed and adjusted as necessary within a specific period.
The obligations imposed on the parties under this amendment include adherence to the conditions specified, which include the lawful taking of specimens and compliance with the exclusions listed in the Act. Any failure to comply with these conditions may result in the specimens not being considered exempt under the EPBC Act, potentially leading to legal consequences.
There are no specific offences, penalties, or civil/criminal consequences outlined in this amendment itself; however, any breach of the conditions could result in the specimens not qualifying for exemption, thereby subjecting them to the broader provisions of the EPBC Act. This may lead to enforcement actions, fines, or other penalties as stipulated by the overarching legislation.