Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, heritage places, and biodiversity, and to manage the impacts of activities and developments on these areas. This Act addresses the gap in regulation concerning the trade and handling of native specimens, particularly focusing on the sustainable management and conservation of native species. The Act was enacted by the Parliament of Australia, with a clear policy objective to ensure that activities do not significantly harm the environment, including its biodiversity, while also considering the sustainable use of natural resources. This legislative instrument amends the list of exempt native specimens under the Act, incorporating certain specimens from the Western Australian South West Coast Salmon Managed Fishery, subject to specific conditions aimed at ensuring the lawful and sustainable management of these specimens.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and individuals involved in activities that may have a significant impact on matters of national environmental significance, including native species and ecological communities. The specific amendment to the list of exempt native specimens made under this Act pertains to specimens of fish or invertebrates taken in the Western Australian South West Coast Salmon Managed Fishery, as defined in the South West Coast Salmon Fishery Management Plan 1982, made under the Western Australian Fish Resources Management Act 1994. This amendment applies to specimens that are not of species listed under Part 13 of the EPBC Act. The inclusion of these specimens on the list is conditional, requiring that the specimens or the fish or invertebrates from which they are derived were taken lawfully, and they remain exempt only until 15 November 2009. This amendment extends the jurisdictional reach of the EPBC Act by incorporating additional fishery-related activities within its regulatory scope, subject to the specified conditions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) has been amended to include certain specimens in the list of exempt native specimens established under section 303DB of the Act. Specifically, specimens that are or are derived from fish or invertebrates, taken in the Western Australian South West Coast Salmon Managed Fishery, as defined in the South West Coast Salmon Fishery Management Plan 1982 under the Western Australian Fish Resources Management Act 1994, are now included in the list. This amendment applies to specimens other than those that belong to species listed under Part 13 of the Act (section 303DC(1)). Under this amendment, several conditions and restrictions are applied to the inclusion of these specimens in the list of exempt native specimens. Firstly, the specimens, or the fish or invertebrate from which they are derived, must have been taken lawfully. This means that any harvesting or collection of these specimens must comply with all relevant laws and regulations governing the fishery and the management plan. Secondly, the specimens are included in the list until 15 November 2009, after which they will no longer be exempt unless further amendments are made to the Act (section 303DC(1)). The obligations imposed on the parties or entities governed by this amendment are primarily focused on ensuring compliance with the conditions and restrictions outlined above. Those involved in the harvesting, collection, or trade of the specified specimens must ensure that these activities are lawful and in accordance with the fishery management plan. This involves adhering to all applicable regulations and obtaining any necessary permits or approvals required for the lawful taking of these specimens. Additionally, entities must ensure that their activities do not involve specimens that belong to species listed under Part 13 of the Act, which are excluded from the exemption. Breaches of the conditions and restrictions outlined in the amendment may result in various offences and penalties. While the specific penalties are not detailed in the legislative instrument, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can lead to civil or criminal consequences. Civil penalties can include fines up to a significant amount, determined by the courts based on the nature and severity of the breach. Criminal penalties may include imprisonment for individuals found guilty of serious offences under the Act, with the maximum penalty varying depending on the specific offence committed. Additionally, entities may face further administrative or regulatory consequences, such as the suspension or revocation of permits or licenses related to their activities.