Amendment of List of Exempt Native Specimens - Tasmanian Gould's Squid Fishery (inclusion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment, particularly in relation to biodiversity and ecological processes, by providing a framework for the assessment and approval of activities that may impact on matters of national environmental significance. This includes the regulation of trade in native flora and fauna, and the management of invasive species. Pursuant to the Act, the Minister for the Environment has the authority to amend the list of exempt native specimens, thereby providing flexibility in the management of certain species and their products. This particular amendment, issued on 18 June 2014 by Joanne Beath as the Delegate of the Minister for the Environment, serves to include in the list of exempt native specimens those fish and invertebrate specimens taken in the Tasmanian Gould’s Squid Fishery, subject to specific conditions designed to ensure their lawful acquisition and to limit the exemption period until 19 June 2019. The policy objective underpinning this amendment is to support sustainable fishing practices while also maintaining conservation standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, biodiversity, and cultural heritage of Australia. This Act applies to individuals, entities, and industries that may impact the environment, particularly those involved in activities that could affect matters of national environmental significance. The Act covers a wide range of activities, including the trade and transport of native specimens. Under the EPBC Act, the Minister for the Environment has the authority to designate certain native specimens as exempt from certain provisions of the Act, provided they meet specific criteria. In this instance, the Minister has amended the list of exempt native specimens to include specimens of fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act, taken in the Tasmanian Gould’s Squid Fishery, subject to conditions that the specimens were taken lawfully and remain exempt until 19 June 2019. This amendment extends the application of the Act through subordinate instruments, specifically targeting the fishery industry in Tasmania, ensuring that compliance with state regulations and lawful taking are prerequisites for exemption.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended to include certain specimens from the Tasmanian Gould’s Squid Fishery on the list of exempt native specimens under section 303DB (1). This amendment specifies that specimens of fish or invertebrates taken in the fishery, excluding those belonging to species listed under Part 13 of the EPBC Act, will be exempt from certain regulations. The inclusion of these specimens is subject to the condition that they must have been taken lawfully, and the exemption will remain in effect until 19 June 2019 (section 303DC). The Act imposes specific obligations on parties and entities involved with these specimens. Firstly, it mandates that any specimens derived from fish or invertebrates in the specified fishery must be taken in accordance with legal requirements (section 303DB(1)). This includes adhering to the rules and regulations set out in the Tasmanian Fisheries (Scalefish) Rules 2004, which are in force under the Tasmanian Living Marine Resources Management Act 1995. Secondly, the exemption from certain provisions of the EPBC Act is strictly time-bound, ending on 19 June 2019, after which the specimens will no longer be exempt. Failure to comply with the conditions set forth in this amendment could lead to legal repercussions. The EPBC Act includes provisions for both civil and criminal penalties for breaches of its regulations. Specifically, section 516 of the Act outlines potential penalties for offences, which can include fines and imprisonment. The maximum penalty for contravening the Act can be significant, reflecting the seriousness with which the Act treats non-compliance. It is crucial for all parties involved to ensure they adhere to the legal requirements and conditions set out in this amendment to avoid potential legal consequences.