Amendment of List of Exempt Native Specimens - Torres Strait Finfish Fishery (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a unified framework for the protection of the environment and biodiversity in Australia, including matters of national environmental significance. This Act provides the legal basis for the Commonwealth to protect and manage Australia's biodiversity and environment, and to provide for the sustainable use of natural resources. The Act was introduced to address the gaps in environmental protection and conservation that existed under previous legislation, ensuring a more comprehensive and coordinated approach to the management of the environment and biodiversity. The policy objective of the EPBC Act is to prevent significant impacts on matters of national environmental significance and to promote the sustainable use of natural resources. The Act empowers the Minister for Environment, Heritage and Water to amend the list of exempt native specimens under section 303DC to ensure that the management of native specimens aligns with contemporary conservation objectives and practices. This legislative amendment, Gazetted on 9 July 2013, was made to adjust the exemptions related to the Torres Strait Finfish Fishery, reflecting the changes under the Torres Strait Finfish Fishery Management Plan 2013.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is an Australian federal law that applies to a broad range of activities across Australia and its external territories, aimed at protecting and conserving the environment, particularly biodiversity. This Act pertains to the management of native specimens, including fish and invertebrate species, and involves both individuals and entities engaged in activities that might impact the environment. The legislative amendment under review removes certain fish and invertebrate specimens from the list of exempt native specimens, specifically those taken in the Torres Strait Finfish Fishery, unless they belong to a species listed under Part 13 of the EPBC Act. This change is effective from the date of commencement of the Torres Strait Finfish Fishery Management Plan 2013. The amendment underscores the Commonwealth’s jurisdiction in regulating fishing activities and their impact on native species within specific fisheries, while also recognising the importance of managing and conserving biodiversity in these regions.

Key Provisions

The primary operative section of this legislation pertains to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303DB). Specifically, this amendment involves the removal of specimens that are or are derived from fish or invertebrates, excluding those belonging to a species listed under Part 13 of the Act, taken in the Torres Strait Finfish Fishery from the list of exempt native specimens (section 303DC(1)). This deletion, effective from 30 November 2005, includes any associated notations and is effective from the date of commencement of the Torres Strait Finfish Fishery Management Plan 2013 (subsection 12(1) of the Legislative Instruments Act 2003). The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, it mandates that the removal of the specified specimens from the list of exempt native specimens be executed in accordance with the provisions of the EPBC Act. This involves updating the list to reflect the changes as per the legislative amendment, ensuring that any administrative or regulatory adjustments are made accordingly. Secondly, the management and regulation of fish and invertebrate specimens taken in the Torres Strait Finfish Fishery must now comply with the broader provisions of the EPBC Act, as they are no longer exempt. This includes adhering to any licensing, monitoring, and reporting requirements that apply to these specimens under the Act. Failure to comply with the provisions of the EPBC Act can lead to various offences, penalties, or civil and criminal consequences. Under the Act, breaches may result in administrative penalties, including fines, and potentially more severe criminal penalties if the breach is found to be deliberate or negligent. The exact penalties depend on the nature and severity of the breach, but they can include significant financial penalties as well as imprisonment for serious offences. The Act provides for the imposition of the highest penalties where appropriate, reflecting the importance of biodiversity conservation and environmental protection.