Amendment of List of Exempt Native Specimens - Southern Bluefin Tuna Fishery, Commonwealth (26/11/2004)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide for the protection of the environment, heritage places, wildlife, and biodiversity, and the management of matters of national environmental significance. This legislative instrument, enacted by Ian Campbell, the Minister for the Environment and Heritage, amends the list of exempt native specimens under the Act by including specimens that are or are derived from fish or invertebrates taken in the Southern Bluefin Tuna Fishery, subject to certain conditions. This amendment was made to address the need to balance environmental protection with sustainable use of natural resources, ensuring that the specimens are taken lawfully and are covered by a declaration of an approved Wildlife Trade Operation under Section 303FN of the Act. This policy objective aims to support conservation efforts while allowing for regulated trade of certain species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a comprehensive framework for the protection of the environment, biodiversity, and heritage places. This legislation applies to various entities including individuals, corporations, and other organisations, and encompasses a wide range of conduct and transactions that may impact the environment or biodiversity. The Act's jurisdiction extends across the Commonwealth of Australia, and it is applicable to actions taken both within and outside Australia that may affect matters of national environmental significance. Notably, the Act includes a list of exempt native specimens, which can be amended to include or exclude specific specimens, such as those derived from fish or invertebrates in certain fisheries. In this instance, specimens from the Southern Bluefin Tuna Fishery have been included in the list of exempt native specimens, subject to specific conditions, such as the lawful taking of the specimens and their coverage under a declaration of an approved Wildlife Trade Operation. The Act's application can be further extended or restricted through subordinate instruments, providing flexibility in its implementation.

Key Provisions

The legislative instrument in question amends the Environment Protection and Biodiversity Conservation Act 1999 by adding certain specimens to the list of exempt native specimens under section 303DB (1). Specifically, it includes specimens of fish or invertebrates taken in the Southern Bluefin Tuna Fishery, provided they do not belong to species listed under Part 13 of the Act (section 303DC(1)). This addition is subject to two conditions: first, the specimens must be derived from fish or invertebrates taken lawfully (section 303DB(2)); and second, they must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN in relation to the fishery (section 303DB(3)). These conditions ensure that the specimens are sourced and traded in compliance with the Act. The obligations imposed by this amendment on the parties involved primarily revolve around ensuring that the specimens are both lawfully taken and subject to the required declarations. For the fishery operators and traders, this means that any specimens derived from the fishery must adhere to the legal requirements set out in the Act, including obtaining the necessary approvals and maintaining records that demonstrate compliance with these regulations (section 303FN). Additionally, the amendment places a responsibility on the Minister for the Environment and Heritage to monitor and enforce these conditions to protect the integrity of the Southern Bluefin Tuna Fishery and the broader biodiversity. Failure to comply with the conditions outlined in this amendment can lead to various civil or criminal consequences. The Act provides for penalties in cases of non-compliance, although the specific penalties are not detailed in the instrument itself. Generally, under the Environment Protection and Biodiversity Conservation Act 1999, breaches can result in significant fines, both for individuals and corporations. For example, section 528 of the Act stipulates that individuals can be fined up to $222,200 or imprisoned for up to two years, or both, for serious or repeated breaches. Corporations can face even higher penalties, reflecting the severity of environmental law violations. These provisions are designed to deter non-compliance and ensure that the conservation objectives of the Act are upheld.