Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Commonwealth Parliament, aims to provide for the protection of the environment, particularly by preserving biodiversity and managing the impacts of activities that can harm the environment. The legislative instrument in question, F2005B02241, amends the list of exempt native specimens under the Act by including specimens derived from fish or invertebrates taken in the Southern Squid Jig Fishery, provided they are not species listed under Part 13 of the Act. This amendment responds to a gap identified in the need to balance environmental protection with sustainable fishing practices, ensuring that certain fishing activities do not unnecessarily impede biodiversity conservation. The inclusion of these specimens in the list is conditional upon their lawful acquisition and is limited to a specific period, ending on 1 December 2009, thus providing a time-bound exemption to facilitate compliance and monitoring within the fishery.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by this legislative instrument, pertains to the regulation of activities that have, will have, or might have a significant impact on matters of national environmental significance as defined under the Act. This particular amendment focuses on the inclusion of certain specimens in the list of exempt native specimens, which is established under section 303DB of the Act. Specifically, the amendment adds specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken within the Southern Squid Jig Fishery as outlined in the Southern Squid Jig Fishery Management Plan 2004. This inclusion is subject to the condition that the specimens were taken lawfully and will remain on the list until 1 December 2009. The jurisdictional reach of the Act is national, applying across the Commonwealth of Australia, and the amendment is made by a Delegate of the Minister for the Environment and Heritage under the authority conferred by the Act. This legislative instrument ensures that certain activities related to the specified specimens are exempt from certain provisions of the Act, provided they meet the stipulated conditions and restrictions.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by including certain specimens in the list of exempt native specimens (sections 303DB and 303DC). Specifically, it adds specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Southern Squid Jig Fishery. This amendment is subject to two conditions: the specimens must have been taken lawfully (section 303DB(1)), and they are included on the list until 1 December 2009 (section 303DB(2)). These additions aim to regulate the handling and trade of certain marine species within the specified fishery, ensuring compliance with environmental protection standards. The Act imposes several obligations on parties involved in the handling of these specimens. Firstly, it mandates that any specimens taken in the Southern Squid Jig Fishery must comply with the conditions outlined in the legislative instrument, particularly that they were taken lawfully. This involves adhering to the regulations and permissions stipulated under the Fisheries Management Act 1991 (section 303DB(1)). Secondly, the specimens are subject to the inclusion period specified, which ends on 1 December 2009. Any person or entity dealing with these specimens must ensure that their activities are within the legal timeframe and conditions set by the Act (section 303DB(2)). Failure to comply with the conditions and obligations set forth by the Act may result in various legal consequences. Although specific penalties are not detailed in the legislative instrument, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can lead to substantial fines and potential criminal charges. For instance, unauthorised dealings with native specimens can attract fines and imprisonment under section 474 of the Act. Additionally, operating in contravention of the conditions governing the Southern Squid Jig Fishery can result in penalties under the Fisheries Management Act 1991, including fines and imprisonment. The precise penalties depend on the severity and intent of the breach, with maximum penalties varying based on the specific provisions of both Acts.