Unique Identifying Number:
EPBC303DC/SFS/2014/27
COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Amendment of List of Exempt Native Specimens
I, SHANEEN COULSON, A/g Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, pursuant to subsection 303DC(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), hereby amend the list of exempt native specimens established under section 303DB of the EPBC Act by revoking the conditions to which the inclusion of the following item in the list on 27 February 2013 is subject:
- specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the Tasmanian Giant Crab Fishery, as defined in the Tasmanian Fisheries (giant crab) rules 2013 in force under the Tasmanian Living Marine Resources Management Act 1995
and imposing the following conditions to which inclusion of the specimens in the list is subject:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 18 July 2019.
Dated this 18th day of July 2014
….……………………S.Coulson…………………….
Delegate of the Minister for the Environment
Overview
The Environment Protection and Biodiversity Conservation Act 1999 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 legislative framework that would ensure the protection and sustainable management of Australia's biodiversity and environment. The policy objective of the Act is to promote the conservation of biodiversity, ecological processes, and heritage values, while also supporting economic and social development in a sustainable manner. In this context, the Act establishes a list of exempt native specimens, which are subject to certain conditions to ensure that the taking of these specimens does not adversely affect the conservation of biodiversity. This particular amendment to the list of exempt native specimens aims to update the conditions under which specimens from the Tasmanian Giant Crab Fishery are exempt from certain provisions of the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to a broad range of activities impacting the environment, including the management of native specimens. This Act provides the legislative framework for the protection of biodiversity and the conservation of Australia’s native species. Specifically, the amendment to the list of exempt native specimens under section 303DC aims to regulate the trade and possession of specimens derived from fish or invertebrates, with a focus on ensuring compliance with legal harvesting practices. The amendment exempts specimens derived from the Tasmanian Giant Crab Fishery, provided they are taken lawfully and are not species listed under Part 13 of the EPBC Act, while also imposing conditions for their inclusion in the list until 18 July 2019. The Act applies to individuals, businesses, and entities involved in the trade or possession of these specimens, with its jurisdictional reach extending across the Commonwealth, thereby impacting both national and international trade practices. The Act does not specify exclusions or exemptions beyond those explicitly stated in the amendment, and its application may be further defined through subordinate instruments or regulations.
Key Provisions
The key operative sections of the amendment, as stated in C2014G01211, involve revoking and imposing conditions on the list of exempt native specimens under section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, the amendment removes the conditions that previously applied to specimens from the Tasmanian Giant Crab Fishery, other than those derived from species listed under Part 13 of the EPBC Act. These changes come into effect from 27 February 2013 and are applicable until 18 July 2019. This means that, going forward, specimens taken from the fishery and derived from eligible fish or invertebrates will be exempt from certain regulatory requirements as long as they were taken lawfully and the exemption period is observed.
The obligations and requirements imposed by this amendment are centred around the lawful taking of specimens and adherence to the specified time frame. Parties involved in the collection, handling, or trade of these specimens must ensure that the specimens were obtained in compliance with relevant laws and regulations. Moreover, these specimens must be derived from the Tasmanian Giant Crab Fishery and should not be from species listed under Part 13 of the EPBC Act. The amendment mandates that these conditions are strictly observed to maintain the validity of the exemption, which is in place until 18 July 2019. This ensures that all activities related to these specimens are conducted within the legal framework established by the EPBC Act.
Failure to comply with the conditions set out in this amendment may result in various civil and criminal consequences. The EPBC Act outlines penalties for non-compliance, which may include fines and imprisonment depending on the severity of the breach. Although specific penalties are not detailed in the amendment, the Act generally imposes significant penalties for violations related to the unlawful taking of native specimens or failure to adhere to the conditions of the exempt list. Therefore, entities and individuals must be diligent in ensuring their activities align with the legislative requirements to avoid any legal repercussions.