Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the nation’s biodiversity and matters of national environmental significance. This legislative framework seeks to address the problem of declining biodiversity and the need for comprehensive protection of ecosystems and species across Australia. The EPBC Act is administered by the Commonwealth Parliament and aims to foster the sustainable use of natural resources while ensuring the protection of the environment. This particular amendment to the EPBC Act, issued by the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, aims to include certain specimens from the Tasmanian Giant Crab Fishery in the list of exempt native specimens, subject to specific conditions that ensure lawful taking and temporary inclusion until 22 July 2014. This adjustment facilitates the sustainable management of fishery resources while maintaining environmental protections.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and conduct across the Commonwealth of Australia, with the aim of protecting and conserving Australia's biodiversity and environment. This legislation encompasses a wide range of activities, including those involving native species, ecosystems, and cultural heritage, and it extends to all Australian territories and external territories as designated by the Commonwealth. In this specific instance, the Act has been amended to include certain specimens that are or are derived from fish or invertebrates, taken within the Tasmanian Giant Crab Fishery, under specific conditions. This amendment pertains to specimens that are not part of species listed under Part 13 of the EPBC Act, thereby excluding those species that are already subject to more stringent regulatory oversight. The amendment is subject to the condition that the specimens must have been taken lawfully and are included in the list until 22 July 2014. This legislative amendment is implemented through the authority of the Minister for Sustainability, Environment, Water, Population and Communities, who has delegated this responsibility to an Assistant Secretary.

Key Provisions

The primary operative section of the amendment (section 303DC(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)) empowers the Minister to add or remove specimens from the list of exempt native specimens. The amendment, executed by Geoff Richardson as the Delegate, adds specimens derived from fish or invertebrates taken in the Tasmanian Giant Crab Fishery, provided they are not species listed under Part 13 of the EPBC Act. These specimens are included in the list with the caveat that they must be taken lawfully and remain listed until 22 July 2014. This legislative action seeks to clarify and temporarily exempt certain fishery activities from the broader protections afforded under the EPBC Act, while still ensuring compliance with specific conditions. The obligations imposed by this amendment require that any fish or invertebrate specimens derived from the Tasmanian Giant Crab Fishery must adhere to the statutory definition and rules outlined in the Tasmanian Fisheries (giant crab) rules 2013 under the Tasmanian Living Marine Resources Management Act 1995. Furthermore, these specimens must be taken in a lawful manner, ensuring that all fishing activities are conducted within the parameters set by relevant fisheries legislation. The inclusion of these specimens in the list of exempt native specimens is strictly conditional, with a temporal limit set until 22 July 2014. This timeframe underscores the temporary nature of the exemption, necessitating adherence to the specified conditions throughout the period of validity. The amendment also delineates potential consequences for breaches of the conditions set forth. While the specific offences and penalties are not explicitly detailed in the text, the EPBC Act generally provides for both civil and criminal penalties for non-compliance with its provisions. Civil penalties can include substantial fines, and in cases of significant environmental harm, criminal penalties may apply, which could result in imprisonment. The precise penalties would be determined in accordance with the relevant sections of the EPBC Act and other applicable laws, reflecting the seriousness of any non-compliance with the legislative conditions governing the exempt native specimens.