Amendment of List of Exempt Native Specimens - Southern and Eastern Scalefish and Shark Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The Act aims to establish a framework for the conservation of biodiversity and the sustainable use of natural resources. The legislation was introduced to address gaps in the protection of native species and ecosystems, ensuring their conservation and management are integrated into decision-making processes across various sectors. This amendment, made in 2016, specifically adjusts the list of exempt native specimens under the Act. It was enacted by the Australian Government as an amendment to the EPBC Act, aiming to refine the regulatory framework governing the trade and management of native specimens. The policy objective is to maintain a balance between the sustainable use of natural resources and the preservation of biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities, entities, and conduct across the Commonwealth of Australia, with a focus on protecting and managing the environment and biodiversity. Specifically, this amendment to the list of exempt native specimens under section 303DB of the EPBC Act pertains to specimens derived from fish or invertebrates taken in the Southern and Eastern Scalefish and Shark Fishery, as defined by the Fisheries Management Act 1991 and its accompanying regulations. This change excludes specimens belonging to species listed under Part 13 of the EPBC Act, excluding those in the conservation dependent category, and taxa listed under section 303CA of the EPBC Act (Australia’s CITES list). The amendment is subject to conditions, namely that the specimens must be taken lawfully and be covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The jurisdictional reach of this amendment is national, impacting all activities and entities involved in the specified fishery within Australia.

Key Provisions

The main operative sections of the EPBC Act Amendment concern the alteration of the list of exempt native specimens under section 303DB. Specifically, section 303DC(1) authorises the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as a delegate of the Minister for the Environment, to amend the list. Section 303DB establishes the list of exempt native specimens, and section 303DC outlines the conditions under which this list can be amended. The amendment deletes certain specimens taken from the Southern and Eastern Scalefish and Shark Fishery, previously exempt, and adds new conditions for their inclusion. These changes are effective from the date of the Gazette, 22 February 2016. The Act imposes several obligations and requirements on the parties involved. Firstly, the specimens that were previously exempt and are now subject to the new conditions must be taken lawfully. This means they must comply with the relevant fishing regulations and be sourced from legally permitted activities. Secondly, the specimens must be part of an approved wildlife trade operation, as declared under section 303FN of the EPBC Act. This implies that the operation must adhere to the wildlife trade provisions set out in the Act, ensuring transparency and compliance with environmental standards. The inclusion of these specimens in the list is contingent on meeting these criteria. The Act also outlines potential consequences for non-compliance with its provisions. While the specific offences and penalties are not detailed in the amendment itself, breaches of the EPBC Act can lead to both civil and criminal penalties. Generally, under the EPBC Act, unauthorised actions concerning protected species can result in substantial fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but they can be significant, reflecting the importance of environmental protection and conservation. In summary, the amendment to the list of exempt native specimens under the EPBC Act introduces stricter conditions for certain fishery specimens. It mandates lawful sourcing and the operation of approved wildlife trade, with potential serious consequences for non-compliance. The precise details of penalties and enforcement mechanisms are guided by broader provisions within the EPBC Act, which provide a robust framework for environmental protection.