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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation measures in Australia. This Act provides a framework for the protection of the environment, particularly focusing on matters of national environmental significance. The Act aims to safeguard Australia’s unique biodiversity, including flora, fauna, ecological communities, and heritage places, by regulating activities that may have a significant impact on the environment. The EPBC Act is administered by the Australian Government and is overseen by the Minister for the Environment, who delegates certain powers to officials like the Assistant Secretary named in the document. This legislative amendment, published in the Gazette on 9 July 2013, aims to include certain fish and invertebrate specimens from the Torres Strait Finfish Fishery into the list of exempt native specimens under the EPBC Act, subject to specific conditions that ensure their lawful taking and coverage under an approved wildlife trade operation declaration.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and individuals involved in activities that may impact Australia's biodiversity and environment. This Act regulates actions such as the taking, possessing, or trading of certain native specimens, including fish and invertebrates. The geographic scope of the Act is national, as it is a Commonwealth Act, thereby extending its reach across all states and territories within Australia. The inclusion of specimens in the list of exempt native specimens under the EPBC Act is subject to specific conditions: the specimens must be taken lawfully and be part of an approved wildlife trade operation in relation to the Torres Strait Finfish Fishery. This amendment specifically pertains to fish and invertebrate specimens taken in the Torres Strait Finfish Fishery, as defined under the Torres Strait Fisheries Act 1984, and excludes those specimens belonging to species listed under Part 13 of the EPBC Act. The application of the Act may also be extended or restricted through subordinate instruments, which provide additional regulatory detail or exemptions as necessary.

Key Provisions

The main operative sections of the amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) concern the inclusion of certain fish and invertebrate specimens from the Torres Strait Finfish Fishery into the list of exempt native specimens (sections 303DB and 303DC). This amendment adds specimens derived from fish or invertebrates taken within the Torres Strait Finfish Fishery, except those belonging to species listed under Part 13 of the EPBC Act, to the list of exempt native specimens. This inclusion is subject to the conditions that the specimens must be lawfully taken and must be covered by a declaration from an approved wildlife trade operation (section 303FN). The Act imposes specific obligations on the parties involved, particularly those engaged in the Torres Strait Finfish Fishery. Firstly, any specimens taken must comply with the regulations set out in the Torres Strait Fisheries Act 1984. Secondly, the specimens must be lawfully taken, which involves adherence to both local and federal fisheries laws. Lastly, the specimens must be covered by a declaration from an approved wildlife trade operation under section 303FN of the EPBC Act, ensuring that the trade of these specimens is managed and monitored appropriately. Failure to comply with the conditions set forth in the amendment can result in various civil or criminal consequences. While the specific penalties are not detailed in the legislative instrument, breaches of the EPBC Act can generally lead to substantial fines and, in severe cases, imprisonment. The penalties depend on the nature and severity of the breach, but they can include fines of up to $1.1 million for corporations and $220,000 for individuals, as well as potential jail terms for serious offences. Additionally, there may be other administrative actions, such as the suspension or revocation of permits or licenses related to the fishery.