Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect Australia's environment and biodiversity, particularly in relation to activities that may have a significant impact on matters of national environmental significance. This Act, administered by the Commonwealth of Australia, aims to provide for the protection of the environment, heritage places, wildlife, and biodiversity through the establishment of a system for the assessment and approval of activities that may impact these areas. The Act was designed to fill the gap in environmental protection by ensuring that significant actions are assessed for their potential environmental consequences before they are undertaken. This amendment, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, adds certain fish and invertebrate specimens taken within the Torres Strait Prawn Fishery to the list of exempt native specimens, subject to certain conditions. These conditions include the lawful taking of the specimens and their coverage under an approved wildlife trade operation declaration. This amendment reflects the policy objective of the EPBC Act to balance environmental protection with the sustainable use of natural resources, ensuring that biodiversity conservation is maintained while allowing for the regulated trade of native specimens within the specified fishery.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a key piece of Commonwealth legislation designed to protect Australia's biodiversity and significant natural places. This Act applies to a wide range of entities, including individuals, corporations, and government bodies, and it governs conduct and transactions that might impact the environment, particularly those involving the export, import, or trade of native flora and fauna. The jurisdictional reach of the Act is national, extending across all states and territories of Australia. This amendment specifically modifies the list of exempt native specimens under section 303DB, adding specimens derived from fish or invertebrates taken in the Torres Strait Prawn Fishery, provided they are not species listed under Part 13 of the EPBC Act. This amendment is subject to certain conditions, including that the specimens were taken lawfully and are part of an approved wildlife trade operation under section 303FN of the Act. The amendment aims to balance the protection of biodiversity with the sustainable use of natural resources in a specific fishery.

Key Provisions

The key operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involve the modification of the list of exempt native specimens under section 303DB (paragraph 1). Specifically, the amendment includes specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken within the Torres Strait Prawn Fishery. This is defined in the Torres Strait Prawn Fishery Management Plan 2009, which is in force under the Torres Strait Fisheries Act 1984 (paragraph 2). However, the inclusion of these specimens in the list is contingent upon two conditions: the specimens must be derived from fish or invertebrates taken lawfully, and they must be covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act (paragraph 3). The obligations and requirements imposed by this amendment pertain primarily to the entities managing or involved in the Torres Strait Prawn Fishery. These entities must ensure that any specimens derived from fish or invertebrates are taken lawfully, as specified in the amendment. Additionally, they must ensure that these specimens are part of a declared approved wildlife trade operation under section 303FN of the EPBC Act. This involves compliance with the conditions set forth in the amendment to maintain the exemption status of these specimens. Failure to adhere to these requirements could result in the specimens not qualifying for the exemptions outlined in the Act. Under the EPBC Act, breaches of the provisions outlined in the amendment could result in various offences and penalties. While the specific penalties are not detailed in the text of this amendment, it is understood that breaches of the EPBC Act can lead to both civil and criminal consequences. Civil penalties can include fines, while criminal penalties can result in imprisonment, depending on the severity and nature of the breach. The exact penalties would be determined based on the specific provisions of the EPBC Act and any applicable regulations or subsidiary legislation. The enforcement of these penalties would be carried out by relevant authorities, ensuring compliance with the environmental protection and biodiversity conservation objectives of the Act.