Amendment of List of Exempt Native Specimens - South Australian Marine Scalefish Fishery (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation, ensuring the sustainable use of natural resources and the preservation of Australia's unique ecosystems. This legislation was introduced by the Australian Parliament to provide a framework for the protection of the environment, particularly in relation to activities that may have a significant impact on the environment, including the trade of native specimens. In line with this objective, the Act established a list of exempt native specimens, which was subsequently amended to reflect changing ecological and conservation needs. On 24th February 2014, Paul Murphy, Assistant Secretary of the Wildlife Trade and Biosecurity Branch and Delegate of the Minister for the Environment, amended the list of exempt native specimens under section 303DC of the EPBC Act. This amendment involved the removal of specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the South Australian Marine Scalefish Fishery, from the list that was initially established on 1 December 2005. This action aimed to enhance the effectiveness of the EPBC Act in protecting Australia's marine biodiversity and ensuring the sustainable management of its marine resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and activities within Australia, with its provisions impacting individuals, corporations, and government bodies engaged in activities that could affect matters of national environmental significance. This includes the management and conservation of native flora and fauna, protected ecological communities, and the regulation of trade in native specimens. The geographic reach of the Act is national, as it applies across the Commonwealth of Australia, including its territories. The Act’s application extends to the regulation of activities that might impact listed threatened species and ecological communities, as well as the import and export of biological resources. The Act also provides for the creation of lists, such as the List of Exempt Native Specimens, which can be amended to reflect changes in conservation status or other relevant factors. In this particular amendment, the exclusion of certain fish and invertebrate specimens from the list of exempt native specimens, taken in the South Australian Marine Scalefish Fishery, indicates a regulatory adjustment that likely responds to conservation concerns regarding those species or their habitats. The Act’s application may be further refined or expanded through subordinate instruments, which can introduce additional categories or exemptions as necessary.

Key Provisions

The primary operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to this amendment involve the modification of the list of exempt native specimens. Section 303DC(1) authorises the Delegate of the Minister for the Environment to make amendments to this list, while Section 303DB establishes the list itself. The amendment, as per the Gazette, specifically targets specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the South Australian Marine Scalefish Fishery. This removal from the list of exempt native specimens was effective from 1 December 2005 and includes any associated notations. The Act imposes specific obligations and requirements on entities involved in the trade and handling of native specimens. The primary obligation under this amendment is the cessation of any exemptions that may have previously applied to fish or invertebrate specimens taken from the specified fishery, thereby subjecting these specimens to the broader regulatory framework of the EPBC Act. This change necessitates that any entities involved in the collection, trade, or transportation of these specimens must now comply with all relevant provisions of the Act, which may include obtaining necessary permits and adhering to environmental protection measures. In terms of legal consequences, the failure to comply with the amended provisions of the EPBC Act can lead to both civil and criminal penalties. The exact nature of these penalties can vary widely depending on the severity and intent behind the breach. Under the EPBC Act, breaches may result in fines, imprisonment, or both. For instance, a person who knowingly contravenes a provision of the Act may face a fine of up to $210,000 or imprisonment for up to five years, or both, for each offence. Additionally, corporations may face even higher fines, up to $1.05 million for serious offences. The specific penalties are outlined in various sections of the Act, and the exact penalty imposed will depend on the circumstances of the breach and the discretion of the court.