Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This legislation was introduced to address the gap in comprehensive environmental protection laws that could effectively manage and conserve Australia's biodiversity and ecosystems. The Act is administered by the Commonwealth Parliament and aims to protect and manage national and regional biodiversity, ecological communities and heritage, and matters of national environmental significance. This amendment to the list of exempt native specimens under section 303DB of the EPBC Act was made by Geoff Richardson, Assistant Secretary of the Marine Biodiversity and Biosecurity Branch, as the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities. The policy objective of this amendment is to ensure that certain native specimens taken in the Torres Strait Finfish Fishery are exempt from certain provisions of the Act, provided they are taken lawfully and included in the list until 31 October 2013.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of persons, entities, industries, and conduct with the overarching goal of protecting the environment and biodiversity across Australia. The Act extends its reach across the entire Commonwealth, providing a national framework for environmental protection. The legislation is applicable to activities that may impact matters of national environmental significance, including World Heritage properties, national parks, and wetlands of international importance, among others. In the context of the listed amendments, the Act specifically targets specimens that are or are derived from fish or invertebrates, excluding those species listed under Part 13 of the Act, taken within the Torres Strait Finfish Fishery. The conditions imposed ensure that only lawfully taken specimens are included in the list of exempt native specimens, and these conditions are set to remain in effect until 31 October 2013. The application of the Act is further extended and refined through subordinate instruments, ensuring that its scope and impact are precisely managed and monitored.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended to modify the list of exempt native specimens. Specifically, section 303DC(1) has been invoked to revoke previous conditions on specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the Act, taken within the Torres Strait Finfish Fishery (section 303DB). Now, the specimens must meet two conditions: they must have been taken lawfully, and they are included in the list until 31 October 2013. This means that, within these parameters, certain specimens previously regulated under the Act are now exempt from specific requirements, provided they adhere to the new conditions. The Act imposes several obligations on the parties involved. Firstly, it mandates that any specimens derived from fish or invertebrates, taken within the specified fishery and timeframe, must have been sourced lawfully. This requirement ensures compliance with legal fishing practices and regulations. Secondly, these specimens must remain included in the list of exempt native specimens until the specified date, 31 October 2013. This temporal limitation ensures that the exemption is temporary and subject to review after the specified period. Failure to comply with the conditions set forth by this amendment may result in various consequences. While the specific penalties for breach are not detailed within the text, the EPBC Act generally provides for both civil and criminal penalties for non-compliance with its provisions. Civil penalties can include fines, while criminal penalties may involve imprisonment, reflecting the seriousness with which the Act treats breaches of its environmental protection mandates. The exact penalties would depend on the nature and severity of the breach, as outlined in other sections of the Act.