Amendment of List of Exempt Native Specimens - Tasmanian Freshwater Eel Fishery (17/04/2014)

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. It was introduced to address the need for a comprehensive framework for the protection of the environment, biodiversity, and heritage, and to provide for the international obligations of Australia under various environmental treaties and agreements. The Act was passed by the Parliament of Australia and aims to promote the sustainable use and conservation of Australia's biodiversity and heritage. The amendment to the list of exempt native specimens under section 303DB of the EPBC Act, made by Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, is aimed at ensuring that the specimens taken in the Tasmanian Freshwater Eel Fishery are taken lawfully and are included in the list until 17 April 2019.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities and entities across Australia, with the goal of protecting and conserving Australia's biodiversity and heritage. The Act applies to individuals, companies, and organisations involved in activities that may impact matters of national environmental significance, including protected species and ecosystems, World Heritage properties, and Ramsar wetlands. This particular amendment to the list of exempt native specimens under section 303DB of the EPBC Act specifically affects entities and individuals involved in the fishing industry in Tasmania, particularly those operating within the Tasmanian Freshwater Eel Fishery. This amendment revokes the previous conditions that applied to specimens of fish or invertebrates, other than those belonging to species listed under Part 13 of the Act, taken in this fishery, and imposes new conditions to which these specimens are now subject, including the requirement that they be taken lawfully and remain listed until 17 April 2019. The EPBC Act extends its reach across the entire Commonwealth of Australia and applies to both domestic and international activities that may impact matters of national environmental significance. However, the Act also allows for the creation of subordinate instruments to further define the scope and application of the legislation, as is the case with this amendment.

Key Provisions

The main operative sections of this legislation (section 303DC(1)) pertain to amendments to the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, the list is being amended by revoking the conditions previously attached to certain specimens taken in the Tasmanian Freshwater Eel Fishery. These specimens, which are derived from fish or invertebrates, were initially exempt under certain conditions but now face new conditions as of 30 November 2004. The amendments impose that these specimens must have been taken lawfully and are included in the list until 17 April 2019. These changes are effective from the date of the gazette, 17 April 2014, and are signed by Paul Murphy, Delegate of the Minister for the Environment. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, any specimens taken from the Tasmanian Freshwater Eel Fishery must comply with the new conditions: they must be taken lawfully under the management regime defined in the Tasmanian Inland Fisheries Act 1995. Additionally, these specimens must not belong to species listed under Part 13 of the EPBC Act. The new conditions also stipulate that these specimens remain included in the list of exempt native specimens until 17 April 2019. Compliance with these conditions is crucial for the legality and exemption status of the specimens. There are no explicit offences, penalties, or civil/criminal consequences stated within the text of this particular amendment. However, it is understood that failure to comply with the conditions attached to the exemption list could lead to legal ramifications under the broader provisions of the EPBC Act. For example, unlawful taking of specimens or non-compliance with the Act's requirements could result in penalties as outlined in other sections of the EPBC Act, potentially including fines and imprisonment. The exact penalties would depend on the specific breach and relevant sections of the Act.