Amendment of List of Exempt Native Specimens - Victorian Eel Fishery (17/04/2014)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was introduced to address the need for comprehensive protection of the environment, particularly in relation to biodiversity and heritage. This Act provides a framework for the protection of the environment by regulating activities that have, or potentially could have, a significant impact on matters of national environmental significance. Pursuant to the EPBC Act, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, acting as the delegate of the Minister for the Environment, has amended the list of exempt native specimens. This particular amendment, effective from 17 April 2014, modifies the conditions under which certain fish and invertebrate specimens taken in the Victorian Eel Fishery are exempt from specific regulatory controls. The change aims to ensure these specimens remain exempt until 17 April 2019, provided they were taken lawfully and pertain to species not listed under Part 13 of the EPBC Act. This legislative action underscores the ongoing commitment to balance environmental protection with sustainable use of natural resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities across Australia that have the potential to impact on matters of national environmental significance, including the protection of native flora, fauna, and their habitats. Specifically, the amendment to the list of exempt native specimens under the EPBC Act concerns the regulation of specimens derived from fish or invertebrates taken in the Victorian Eel Fishery, as defined by the Victorian Fisheries Act 1995 and the Fisheries Regulations 2009. This amendment applies to all persons and entities involved in the taking, trading, or transporting of these specimens within Australia, excluding those specimens that belong to species listed under Part 13 of the EPBC Act. The amendment revokes the previous conditions attached to the inclusion of these specimens in the list and imposes new conditions, which must be met for the specimens to remain exempt until 17 April 2019. These conditions require that the specimens, or the fish or invertebrates from which they are derived, were taken lawfully. The Act's application extends to the entire Commonwealth of Australia, with its reach potentially being extended or restricted through subordinate instruments issued under the authority of the Minister for the Environment.

Key Provisions

The primary changes to the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are detailed in the Gazette (C2014G00684). Specifically, section 303DC(1) of the Act is invoked to modify the exemption conditions for specimens derived from fish or invertebrates, taken within the Victorian Eel Fishery as defined under the Victorian Fisheries Act 1995 and Fisheries Regulations 2009. Prior to this amendment, these specimens were exempt from certain regulatory requirements if they were not from species listed under Part 13 of the EPBC Act. The changes now require that such specimens must be taken lawfully and are included in the exempt list until 17 April 2019. Under the amended provisions, any party or entity involved in the handling, trade, or possession of specimens derived from fish or invertebrates taken in the Victorian Eel Fishery must ensure compliance with the new conditions. This includes verifying that the specimens were obtained legally and are within the specified timeframe. The obligation extends to all participants, from fishers to retailers, ensuring that they adhere to the regulatory framework set out in the EPBC Act. This necessitates maintaining proper documentation and records to demonstrate lawful acquisition and adherence to the exempted status until the specified date. Failure to comply with the provisions of the EPBC Act regarding the handling and trade of these specimens may result in legal consequences. Offences under the Act can attract both civil and criminal penalties. For example, contravening the conditions of the exemption could lead to fines and imprisonment. The maximum penalties for breaches of the Act are substantial, reflecting the importance of environmental protection and biodiversity conservation. Specifically, individuals may face fines of up to $330,000 or imprisonment for up to five years, while corporations may be fined up to $1.65 million. These stringent penalties underscore the seriousness with which the Act treats non-compliance and the need for entities to rigorously follow the legislative requirements.