Amendment of List of Exempt Native Specimens - Southern Squid Jig Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act was introduced to address the need for a comprehensive legal framework that would ensure the protection of the environment, biodiversity, and cultural heritage in Australia. The Parliament of the Commonwealth of Australia enacted this legislation, with a policy objective to establish a system that effectively manages and conserves the nation's environmental assets, while also promoting sustainable development. This particular legislative amendment, gazetted as C2015G00618, was introduced to modify the list of exempt native specimens under the EPBC Act. Specifically, it revokes the conditions for specimens derived from fish or invertebrates taken in the Southern Squid Jig Fishery and imposes new conditions for their inclusion in the list until 29 April 2016. This amendment was made by Paul Murphy, Assistant Secretary of the Wildlife Trade and Biosecurity Branch, as a delegate of the Minister for the Environment, pursuant to subsection 303DC(1) of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia. This Act applies to a broad range of entities, including individuals, corporations, and government agencies, particularly when their actions may impact matters of national environmental significance. The geographic reach of the Act is national, extending to Commonwealth, state, and territory jurisdictions. In this instance, the Act pertains to the amendment of the list of exempt native specimens, specifically focusing on specimens derived from fish or invertebrates taken in the Southern Squid Jig Fishery, excluding those belonging to species listed under Part 13 of the Act. The amendment revokes previous conditions and imposes new ones, such as requiring the specimens to be taken lawfully and limiting their inclusion in the list until 29 April 2016. The application of the Act may be extended or restricted through subordinate instruments, which provide further detail and implementation strategies.

Key Provisions

The main operative sections of the legislation (section 303DC(1) of the EPBC Act) involve amending the list of exempt native specimens. Specifically, it revokes the previous conditions under which specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Southern Squid Jig Fishery were exempt. The new conditions require that any such specimens must be taken lawfully and must be included in the list until 29 April 2016. The Southern Squid Jig Fishery is defined in the Southern Squid Jig Fishery Management Plan 2005, which is in force under the Commonwealth Fisheries Management Act 1991. The Act imposes certain obligations on the parties or entities it governs. Primarily, it ensures that any specimens of fish or invertebrates taken in the Southern Squid Jig Fishery must be taken lawfully to be considered exempt under the list. This means that all fishing activities must comply with the relevant fishery management plan and applicable laws. Furthermore, the specimens must be derived from species not listed under Part 13 of the EPBC Act. Additionally, these specimens are included in the list of exempt native specimens until 29 April 2016, ensuring a temporary exemption period for these activities. In terms of offences, penalties, or consequences for breach, the legislation does not explicitly state the penalties within the text provided. However, under the EPBC Act, breaches of wildlife trade and conservation laws can lead to significant civil and criminal penalties. Typically, unauthorised taking of native species can result in fines and imprisonment. For instance, under section 476 of the Act, a person who contravenes certain provisions can face fines up to $222,200 for an individual and $1,111,000 for a body corporate, alongside potential imprisonment terms. These penalties reflect the seriousness with which the Act treats violations of its provisions concerning the protection and conservation of native species.