Amendment of List of Exempt Native Specimens - Torres Strait Tropical Rock Lobster Fishery (07/05/2014)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to regulate activities that may have a significant impact on the environment. This Act was introduced to address the need for a comprehensive legislative framework to protect Australia’s unique biodiversity and ecosystems. The Act is administered by the Australian Government, with the Minister for the Environment having oversight responsibilities. The policy objective of the EPBC Act is to ensure the protection and sustainable use of the environment by regulating activities that may have a significant impact on the environment, particularly those affecting matters of national environmental significance. The recent amendment to the list of exempt native specimens under section 303DB of the Act, as specified in the Gazette C2014G00748, aims to refine the conditions under which certain specimens taken in the Torres Strait Tropical Rock Lobster Fishery are exempt from certain provisions of the Act, ensuring compliance with wildlife trade regulations and legal sourcing of specimens.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and activities, including individuals, corporations, and government entities, which are involved in actions that may impact the environment, biodiversity, or matters of national environmental significance. The EPBC Act has a broad jurisdictional reach across the Commonwealth of Australia, encompassing both federal and state territories, and applies to actions that may affect protected matters both within Australia and offshore. The legislative amendment detailed here specifically pertains to the list of exempt native specimens, impacting those involved in the collection, trade, or possession of native specimens, particularly those derived from fish or invertebrates in the Torres Strait Tropical Rock Lobster Fishery. The amendment revokes previous conditions and imposes new conditions that require specimens to be lawfully taken and covered by a declaration of an approved wildlife trade operation. This change is effective from 10 May 2014 and is applicable nationally, ensuring consistent application across state and territory borders within Australia.

Key Provisions

The main operative sections of the gazette C2014G00748 involve amendments to the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303DC). Specifically, the gazette revokes the conditions previously attached to specimens taken from the Torres Strait Tropical Rock Lobster Fishery, except for those specimens belonging to species listed under Part 13 of the Act. Instead, it imposes new conditions that require the specimens to be taken lawfully and to be covered by a declaration from an approved wildlife trade operation under section 303FN of the EPBC Act (section 303DB). This amendment came into effect on 10 May 2014. The Act imposes several obligations on the parties and entities it governs. First, any specimens derived from the fishery must be taken lawfully. This means that fishing activities must comply with all relevant local, state, and federal laws. Second, the specimens must be covered by a declaration from an approved wildlife trade operation. This requirement ensures that the trade of these specimens adheres to the standards set by the EPBC Act, promoting sustainable practices and biodiversity conservation. Failure to comply with the conditions specified in the gazette can lead to significant consequences. Under the EPBC Act, breaches of its provisions can result in both civil and criminal penalties. The specific penalties depend on the nature and severity of the offence but can include fines and imprisonment. For instance, under section 474 of the Act, a person who contravenes certain provisions may be liable for a fine of up to $210,000 for a corporation or $42,000 for an individual, alongside potential imprisonment terms. Additionally, the Act allows for the recovery of costs associated with the enforcement actions, further underscoring the importance of compliance.