Amendment of List of Exempt Native Specimens - Small Pelagic Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation across Australia. This legislation provides a framework for the protection of the environment, including native flora and fauna, by regulating activities that may have a significant impact on matters of national environmental significance. The EPBC Act was introduced to fill the gap in environmental regulation, ensuring that federal laws adequately protect Australia's biodiversity. The Act is administered by the Parliament of Australia, with the aim of promoting the sustainable use of natural resources and preventing biodiversity loss. The recent amendment to the list of exempt native specimens under section 303DC of the EPBC Act, announced by the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, aims to refine the regulatory framework for the trade of native fish and invertebrate specimens taken in the Small Pelagic Fishery, ensuring compliance with legal and conservation standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of biodiversity and the conservation of the environment within the Commonwealth of Australia. Specifically, this legislative amendment pertains to the list of exempt native specimens, which includes specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken within the Small Pelagic Fishery as defined in the Small Pelagic Fishery Management Plan 2009. The amendment revokes previous conditions attached to the inclusion of these specimens in the list and imposes new conditions that 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 in relation to the fishery. The changes outlined in this amendment apply nationally across Australia and extend the application of the EPBC Act to ensure compliance with wildlife trade regulations. The amendment does not explicitly mention any exclusions or exemptions beyond those specified in the conditions.

Key Provisions

The main operative sections of the amendment to the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are found in section 303DC(1). This section allows the Minister for the Environment, through a delegate, to modify the list of exempt native specimens. In this instance, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, has revoked certain conditions previously associated with the inclusion of fish and invertebrate specimens taken in the Small Pelagic Fishery. Instead, new conditions have been imposed, such as the requirement that these specimens must be taken lawfully and must be covered by a declaration from an approved wildlife trade operation under section 303FN of the EPBC Act. The Act imposes several obligations on parties involved with the handling and trade of these specimens. Firstly, it mandates that the specimens or the fish and invertebrates from which they are derived must be taken in compliance with the law. This means that any fishing activities must adhere to the regulations set out in the Fisheries Management Act 1991, specifically the Small Pelagic Fishery Management Plan 2009. Secondly, the specimens must be part of a declared wildlife trade operation approved under section 303FN of the EPBC Act. This ensures that the operations are monitored and comply with environmental protection standards. Failure to comply with the conditions set forth in this amendment could result in various legal consequences. The EPBC Act provides for both civil and criminal penalties for breaches. For example, under section 504 of the EPBC Act, a person who engages in an activity that contravenes the Act may be liable for civil penalties. The maximum penalty for a body corporate can be up to $666,000, while an individual can face a maximum penalty of $133,200. In addition to civil penalties, the Act also provides for criminal sanctions. Under section 505, a person who knowingly contravenes a provision of the Act may be subject to imprisonment for up to two years or a fine of up to 50 penalty units, or both. These stringent measures underscore the importance of adhering to the legislative requirements set forth in the amendment.