Amendment of List of Exempt Native Specimens - Torres Strait Trochus Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly by preserving biodiversity and managing and protecting Australia’s unique ecosystems. This Act was introduced to address the need for a comprehensive framework to protect and manage Australia's environment, including native flora and fauna, and to ensure that developments do not significantly harm the environment. The EPBC Act is administered by the Australian Government and is overseen by the Minister for the Environment. The policy objective of the Act is to promote the conservation of biodiversity and ecological sustainability. The amendment to the List of Exempt Native Specimens, as detailed in the 2015 Gazette, was made by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as a Delegate of the Minister for the Environment, pursuant to the powers granted under the EPBC Act. This amendment specifically addresses the exemption of specimens taken in the Torres Strait Trochus Fishery, ensuring that they are lawfully taken and included in the list until a specified date. This change aims to balance the needs of the fishery with environmental conservation efforts by regulating the handling and trade of these specimens.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia, including the regulation of activities that may impact native species and ecosystems. This particular amendment pertains to the list of exempt native specimens, specifically revoking the conditions related to specimens derived from fish or invertebrates, excluding those from species listed under Part 13 of the Act, taken in the Torres Strait Trochus Fishery. The amendment imposes new conditions, stipulating that such specimens can only be included in the list if they were taken lawfully and are included until 26 August 2016. This legislative amendment applies to individuals and entities engaged in fishing activities within the specified geographic scope of the Torres Strait Trochus Fishery, and it impacts the conduct and transactions involving the specified native specimens. The amendment extends the application of the EPBC Act to regulate these activities within the Commonwealth jurisdiction, with the modifications taking effect immediately upon the date of the gazette, 12 October 2015. The Act's provisions can be further extended or restricted through subordinate instruments as necessary.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended to modify the list of exempt native specimens, specifically concerning specimens that are or are derived from fish or invertebrates taken in the Torres Strait Trochus Fishery. Under section 303DC(1) of the EPBC Act, the conditions to which the inclusion of these specimens in the list on 30 November 2005 were subject have been revoked. Instead, new conditions have been imposed, stipulating that the specimens must be taken lawfully and that their inclusion in the list remains effective until 26 August 2016. This amendment ensures that only legally harvested specimens from the specified fishery qualify for exemption, while also setting a clear timeline for this exemption. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, any person involved in the collection or trade of the specified specimens must ensure that they were taken lawfully, adhering to all applicable local and federal fishing regulations. This requirement aims to prevent illegal fishing practices and protect marine biodiversity. Additionally, the specimens must remain within the parameters set by the Act, specifically until the end date of 26 August 2016. Any specimens taken or derived after this date would no longer qualify for the exemption, thus necessitating compliance with other relevant environmental and biodiversity laws. Failure to comply with the conditions outlined in the amended list of exempt native specimens may result in various civil or criminal consequences. The EPBC Act does not specify maximum penalties in this particular amendment but generally provides for significant fines and potential imprisonment for breaches of its provisions. Additionally, entities or individuals found to be in violation may face legal action from enforcement agencies, including the imposition of administrative penalties. Such consequences underscore the importance of adhering to the conditions to avoid legal repercussions and to contribute to the sustainable management of marine resources.