Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Commonwealth Parliament, aims to protect and manage Australia's biodiversity and environment. This Act provides a framework for the conservation of native species and ecosystems, including the regulation of the trade in native species. The legislative instrument under consideration, F2005B02209, amends the list of exempt native specimens under section 303DB of the Act to include specimens derived from fish or invertebrates taken in the Western Australian South Coast Salmon Managed Fishery. This amendment seeks to ensure that the trade in these specimens is regulated in a manner that aligns with broader environmental protection objectives. The policy objective, as implicit in the legislative instrument, is to balance the management of fisheries with the conservation of biodiversity by ensuring that only lawfully taken specimens are included and that this inclusion is temporary, expiring on 15 November 2009. This approach reflects an intent to provide flexibility in fisheries management while maintaining stringent controls to protect native species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities, including individuals, corporations, and other legal persons, that engage in activities likely to have a significant impact on matters of national environmental significance as defined under the Act. The geographic reach of the Act is national, extending to all areas within Australia, including its territorial waters and the Australian Exclusive Economic Zone. This legislation encompasses a broad range of conduct and transactions that could affect native flora and fauna, threatened species, and ecological communities. The Act also permits the inclusion of specific exemptions through subordinate instruments, which can extend or restrict its application to particular species or activities. In this instance, the legislative instrument amends the list of exempt native specimens under the Act by including specimens derived from fish or invertebrates taken in the Western Australian South Coast Salmon Managed Fishery, provided they do not belong to species listed under Part 13 of the Act. This exemption is subject to conditions that the specimens were taken lawfully and is valid until 15 November 2009.

Key Provisions

The key provisions of this legislative instrument (F2005B02209) involve amendments to the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, it amends the list of exempt native specimens under section 303DB by adding certain specimens derived from fish or invertebrates taken in the Western Australian South Coast Salmon Managed Fishery, as defined in the South Coast Salmon Fishery Management Plan 1982 made under the Western Australian Fish Resources Management Act 1994, except those belonging to species listed under Part 13 of the Act. This amendment is effective from the date of the instrument and remains in force until 15 November 2009. The inclusion of these specimens in the list is contingent on the condition that they were taken lawfully (section 303DC(1)). Under this amendment, the Act imposes several obligations and requirements on the entities involved. First, it ensures that only specimens taken lawfully within the specified fishery and management plan are exempt from certain prohibitions. This means that any specimens derived from illegal fishing activities would not benefit from the exemption. Additionally, the inclusion of these specimens in the list of exempt native specimens requires adherence to the specified conditions, including the time limitation of the exemption until 15 November 2009. This temporal restriction ensures that the exemption is temporary and subject to review, aligning with broader environmental and conservation goals. Failure to comply with the conditions set forth in this legislative instrument can result in various legal consequences. While specific offences and penalties are not detailed in the instrument, the Act generally provides for both civil and criminal penalties for breaches of its provisions. Civil penalties can include fines up to a maximum of $222,200 for individuals and $1,111,000 for bodies corporate, as per section 536 of the Act. Criminal penalties may also be imposed, including fines and imprisonment terms, depending on the severity and nature of the breach. These penalties serve to enforce compliance and protect the objectives of the Act, which are to conserve biodiversity and manage environmental impacts effectively.