Amendment of List of Exempt Native Specimens - Victorian Rock Lobster Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the World Heritage properties, national heritage properties, wetlands of international importance, listed threatened species and ecological communities, and the marine environment. The Act was introduced to address the problem of inadequate protection of biodiversity and heritage places, and to provide for the management of activities that have significant environmental impacts. This specific legislative instrument amends the list of exempt native specimens under the EPBC Act, with the enacting body being the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as a delegate of the Minister for the Environment. The policy objective of this amendment is to ensure that the specimens taken in the Victorian Rock Lobster Fishery are subject to certain restrictions and conditions, including the requirement that they be taken lawfully and the inclusion in the list until 25 September 2015.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, including native flora and fauna, and the management of activities that may impact biodiversity. The Act applies to any person or entity conducting activities that may have a significant impact on matters of national environmental significance, including native species. In this instance, the Act specifically amends the list of exempt native specimens, which pertains to the regulation of trade in native species to prevent illegal activities and ensure conservation efforts are upheld. This amendment affects anyone involved in the trade of fish or invertebrate specimens derived from the Victorian Rock Lobster Fishery, provided they comply with the conditions outlined, such as lawful taking and the specimens being included in the list until 25 September 2015. The jurisdictional reach of the Act is national, impacting all states and territories within Australia, as it is a Commonwealth Act. Subordinate instruments may further extend or restrict the application of this legislation, ensuring compliance and enforcement of the conservation measures outlined.

Key Provisions

The main operative sections of the amendment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involve the modification of the list of exempt native specimens (sections 303DC and 303DB). Specifically, the amendment removes certain specimens from the list and adds others with specific conditions (section 303DC(1)). The specimens that are affected are those derived from fish or invertebrates taken in the Victorian Rock Lobster Fishery, as defined under the Victorian Fisheries Act 1995 and Fisheries Regulations 1998. The amendment notes that these specimens are exempt only if they were taken lawfully and only until 25 September 2015 (section 303DB). The obligations imposed by this Act on the parties involved primarily concern the lawful taking of specimens and adherence to the specified date for exemption. The specimens must have been taken lawfully, which means in compliance with relevant fishery laws and regulations. Additionally, the exemption is time-bound, limiting the exemption to a period ending on 25 September 2015. Entities involved in the trade or possession of these specimens must ensure that they are aware of and comply with these conditions to avoid any legal repercussions. Under the EPBC Act, breaches of the conditions set forth by the amendment may result in civil or criminal penalties. The specific penalties for violations of the Act can vary widely, depending on the nature and severity of the breach. For instance, unauthorised taking of specimens may lead to fines and imprisonment, with maximum penalties stipulated under various sections of the Act. The exact penalties would be determined by the courts based on the specific circumstances of the breach, but they can include substantial fines and potential imprisonment for serious violations. The Act ensures that those who do not comply with the legislative requirements face appropriate consequences to enforce the protection and management of native species.