Amendment of List of Exempt Native Specimens - Shark Fishery, NT (29/11/2004)

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, was introduced to address the need for comprehensive protection of the nation's environment and biodiversity. This Act provides a framework for the protection of the environment, particularly focusing on species, ecosystems, and heritage places of national and international significance. The Act aims to mitigate the impact of human activities on the environment and biodiversity, ensuring sustainable use of natural resources. Through the legislative instrument F2005B02243, the Act was amended to include certain fish and invertebrate specimens from the Northern Territory Shark Fishery on the list of exempt native specimens, subject to specific conditions. This amendment reflects the policy objective of balancing the sustainable use of natural resources with the need to protect biodiversity, ensuring that the specimens are taken lawfully and comply with the regulatory framework under the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities and entities within Australia and its external territories, aiming to protect and conserve Australia's biodiversity and environment. Specifically, this legislative instrument amends the list of exempt native specimens under section 303DB of the EPBC Act, expanding it to include specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken within the Northern Territory Shark Fishery. The inclusion of these specimens in the list is contingent on the condition that they were taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act. This amendment ensures that the trade of certain fishery specimens is regulated while still allowing for lawful activities to proceed under specific conditions. The geographic reach of this amendment applies to the Northern Territory Shark Fishery, and the legislative changes are made pursuant to the authority granted under subsection 303DC(1) of the EPBC Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) has been amended to include new provisions concerning the list of exempt native specimens (section 303DB). Under this amendment, specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, and taken in the Northern Territory Shark Fishery, are now included in the list of exempt native specimens (section 303DC(1)). This inclusion is conditional upon two key requirements: first, that the specimen or the fish or invertebrate from which it is derived was taken lawfully; and second, that the specimens are covered by the declaration of an approved Wildlife Trade Operation under Section 303FN of the Act in relation to the fishery. These conditions ensure that the exemption applies only to specimens obtained through legal and regulated means. The Act imposes specific obligations on the parties involved in the handling and trade of these specimens. Firstly, it mandates that any specimen derived from fish or invertebrates taken in the Northern Territory Shark Fishery must be lawfully obtained, adhering to all applicable laws and regulations governing the fishery (section 303DB). Secondly, the specimens must fall under the declaration of an approved Wildlife Trade Operation. This requirement ensures that the trade and handling of these specimens comply with the standards and practices set out by the Act, which are designed to protect biodiversity and ensure sustainable practices. Failure to meet these obligations could result in the specimens not qualifying for the exemption, thereby subjecting them to the regulatory framework established under the Act. Failure to comply with the provisions of the Act can lead to various consequences, including both civil and criminal penalties. Under the Act, any person who knowingly contravenes the provisions related to the handling or trade of native specimens may face substantial fines and, in serious cases, imprisonment. For example, section 518 of the Act provides for fines up to $210,000 or imprisonment for up to five years, or both, for offences involving the trade of native specimens. Additionally, section 528A imposes penalties for knowingly making false or misleading statements in relation to wildlife trade, with maximum fines of up to $1.1 million or imprisonment for up to 10 years, or both, for individuals, and up to $5.5 million for bodies corporate. These stringent penalties underscore the importance of adhering to the Act’s requirements and the serious consequences of non-compliance.