Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a unified approach to the protection of the environment and biodiversity in Australia. This Act provides a legislative framework for the protection of the environment and biodiversity, including the regulation of activities that may have a significant impact on the environment. This legislative instrument, issued by David Kemp, the Minister for the Environment and Heritage, amends the list of exempt native specimens under section 303DB of the Act by including certain specimens derived from fish or invertebrates taken in the Western Australian Shark Bay Prawn Managed Fishery, subject to certain conditions. The policy objective of this amendment is to allow for the sustainable management of the fishery while ensuring that the impact on the environment and biodiversity is minimised. The inclusion of these specimens on the list of exempt native specimens is subject to the condition that they were taken lawfully and that they are not derived from an eligible listed threatened species. Furthermore, the exemption is temporary, with the specimens remaining on the list until 1 January 2008. This legislative instrument demonstrates the Commonwealth Government's commitment to balancing environmental protection with sustainable economic activities, such as fisheries management. By amending the list of exempt native specimens, the Government seeks to provide flexibility in managing specific fisheries while ensuring that appropriate environmental safeguards are in place. The inclusion of certain specimens from the Shark Bay Prawn Managed Fishery aims to facilitate the management of this fishery in a manner that is consistent with broader environmental protection objectives, thus contributing to the overarching goal of preserving Australia's unique biodiversity and natural heritage.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument, pertains to the regulation of activities that have, or are likely to have, a significant impact on matters of national environmental significance. This Act applies to individuals, businesses, and entities engaged in activities that may affect protected species, ecological communities, heritage places, or other matters designated under the Act. The legislative instrument in question specifically amends the list of exempt native specimens by including specimens derived from fish or invertebrates taken in the Western Australian Shark Bay Prawn Managed Fishery, subject to certain conditions. These conditions include the requirement that the specimens must be taken lawfully and that they must not belong to an eligible listed threatened species. Furthermore, the exemption applies only until 01 January 2008. The geographic reach of this Act is national, as it is a Commonwealth Act, and it extends to all activities that occur within Australia's jurisdiction, including its territorial waters. The Act does not specify exclusions or exemptions beyond those noted in the legislative instrument, and its application may be further refined or extended through subordinate instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999, through this legislative instrument, amends the list of exempt native specimens (section 303DB) by adding certain fish or invertebrate specimens from the Western Australian Shark Bay Prawn Managed Fishery, as defined in the Shark Bay Prawn Management Plan 1993 (section 303DC(1)). These specimens are exempt from specific provisions of the Act, provided they are not derived from an eligible listed threatened species. The inclusion of these specimens in the list is subject to specific conditions: they must have been taken lawfully and the exemption is only valid until 01 January 2008. Entities and individuals governed by the Act must ensure that any specimens they possess or trade meet the specified conditions. This means verifying that the specimens were taken lawfully and are not derived from a threatened species. Additionally, they must be aware that the exemption only applies until the specified date, necessitating compliance actions before then. Failure to comply with the conditions of this exemption may result in legal consequences. The Act does not specify particular penalties for non-compliance with this amendment, but general provisions of the Act could apply. This may include fines and imprisonment, with the severity of the penalty depending on the nature and extent of the breach. In the event of an offence under the Act, the maximum penalties can be substantial. For example, individuals can face fines of up to $66,000 or imprisonment for up to one year, or both. For corporations, the fines can be much higher, up to $330,000. These penalties reflect the seriousness with which the Act regards breaches related to biodiversity and environmental protection. Furthermore, the Act allows for civil penalties, which can be enforced through the courts, providing another layer of accountability for those who fail to comply with its provisions. This ensures that there are clear consequences for non-compliance, which helps to uphold the integrity of the Act and protect Australia’s biodiversity.