Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a significant piece of Australian legislation enacted to address the need for comprehensive protection of the environment, biodiversity, and heritage places. This Act provides a framework for the protection and management of matters of national environmental significance, including endangered species, threatened species and ecological communities, heritage places, and world heritage properties. The Act is administered by the Commonwealth Government, with the Minister for the Environment playing a pivotal role in its implementation and oversight. One of the key policy objectives of the EPBC Act is to ensure that development and other activities do not have a detrimental impact on the environment and biodiversity. This is achieved through the regulation of activities that may impact on protected matters and the provision of a rigorous assessment and approval process. In 2013, the Minister for Sustainability, Environment, Water, Population and Communities, Tony Burke, issued a Gazette notice amending the list of exempt native specimens under section 303DB of the EPBC Act. This amendment aimed to include certain specimens derived from fish or invertebrates taken in the Southern and Eastern Scalefish and Shark Fishery, subject to specific conditions. These conditions include the lawful taking of the specimens and their coverage by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This amendment reflects the balance between environmental protection and sustainable use of resources, ensuring that the exploitation of native specimens is regulated and does not undermine the conservation efforts stipulated under the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a significant piece of Commonwealth legislation in Australia, aimed at protecting and managing the environment and biodiversity. This particular amendment to the EPBC Act involves modifying the list of exempt native specimens, specifically including certain fish and invertebrate specimens taken in the Southern and Eastern Scalefish and Shark Fishery. This amendment applies to specimens that are, or are derived from, fish or invertebrates taken within the defined fishery area and subject to the restrictions and conditions outlined in the amendment. The primary exclusion from this amendment is specimens of species listed under Part 13 of the EPBC Act, except for those in the conservation dependent category. Additionally, the specimens must be taken lawfully and be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The amendment extends the application of the EPBC Act to these specific specimens, subject to the stated conditions, thereby regulating their collection and trade under Commonwealth jurisdiction.

Key Provisions

The main operative sections of the legislation amend the list of exempt native specimens under section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(1) authorises the Minister to make such amendments. This amendment adds certain fish and invertebrate specimens taken in the Southern and Eastern Scalefish and Shark Fishery to the list of exempt native specimens, provided they are taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act (subsection 303DC(1)). The Act imposes specific obligations and requirements on the parties and entities it governs. For example, any specimens that are or are derived from fish or invertebrates taken in the Southern and Eastern Scalefish and Shark Fishery must be taken lawfully. This means that they must comply with the relevant provisions of the Fisheries Management Act 1991 and the Fisheries Management Regulations 1992. Additionally, the specimens must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This declaration is necessary to ensure that the trade in these specimens does not threaten the survival of any species. There are potential consequences for non-compliance with the provisions of the Act. The specific offences, penalties, and consequences for breach are not detailed in the text of the legislation. However, under the EPBC Act, breaches of certain provisions can lead to civil or criminal penalties. For civil penalties, the maximum fines can be substantial, depending on the nature and severity of the offence. Criminal penalties can include fines and imprisonment, again varying based on the specifics of the breach. It is essential for entities and individuals to comply with these provisions to avoid any legal repercussions.