Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is a comprehensive piece of legislation enacted by the Parliament of Australia to address the protection of the environment and biodiversity, particularly focusing on species and ecosystems that may be adversely affected by activities regulated under the Commonwealth. This legislative instrument is an amendment to the list of exempt native specimens under the Act, specifically targeting specimens that are or are derived from fish or invertebrates taken outside Australia's exclusive economic zone. The policy objective of this amendment is to ensure that such specimens, provided they are lawfully taken and legally imported, are included on the list of exempt native specimens until 20 September 2007, thereby addressing a regulatory gap concerning the import and possession of these specimens. This amendment was made by Gerard Early, the Delegate of the Minister for the Environment and Heritage, in accordance with the powers conferred by the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of entities and activities within the Commonwealth of Australia, with a primary focus on the protection of the environment and biodiversity. This Act encompasses the regulation of activities that have, or are likely to have, a significant impact on matters of national environmental significance. In the case of the legislative instrument F2005B02195, the amendment pertains specifically to the list of exempt native specimens under section 303DB of the Act. The amendment adds certain fish and invertebrate specimens taken in waters outside the outer limits of the exclusive economic zone of Australia and its external territories to the list of exempt native specimens, provided they meet specific conditions. These conditions include the lawful taking of the specimens under a fishing concession issued by the Australian Fisheries Management Authority and their legal importation into Australia. It is noteworthy that this amendment is subject to a temporal restriction, applying only until 20 September 2007, thereby delineating a clear timeframe for its application. This legislative amendment extends the application of the Act through subordinate instruments, thereby refining and specifying the conditions under which certain activities are regulated or exempted.

Key Provisions

The amendment to the Environment Protection and Biodiversity Conservation Act 1999 (the Act) adds certain specimens to the list of exempt native specimens under section 303DB (1). Specifically, specimens or derivatives from fish or invertebrates taken outside Australia's exclusive economic zone, provided they are not species listed under Part 13 of the Act, are now included in the list (section 303DC). This amendment is made under the authority of the Minister for the Environment and Heritage, through the Delegate, Gerard Early. The inclusion of these specimens in the exempt list is subject to two conditions: first, the specimen must have been taken lawfully under a fishing concession issued by the Australian Fisheries Management Authority and legally imported into Australia (section 303DC(2)(a)); second, the specimens will remain on the exempt list until 20 September 2007 (section 303DC(2)(b)). The obligations imposed by this amendment on the parties or entities it governs are primarily concerned with compliance with the conditions attached to the inclusion of the specimens in the exempt list. Any entity or individual intending to import or possess these specimens must ensure that the fish or invertebrate from which the specimen is derived was taken under a lawful fishing concession and was legally imported into Australia. Furthermore, they must adhere to the time restriction, ensuring that the specimens are not possessed or traded beyond the specified date of 20 September 2007. Failure to comply with these conditions may result in legal repercussions as outlined under the Act. In terms of consequences for non-compliance, the Act does not specify offences or penalties directly in the amendment instrument. However, any breach of the conditions for the inclusion of specimens in the exempt list could potentially result in administrative, civil, or criminal penalties under the broader provisions of the Environment Protection and Biodiversity Conservation Act 1999. For instance, knowingly dealing with specimens in violation of the Act could lead to fines and/or imprisonment, as detailed in other sections of the Act. The specific penalties would depend on the nature and severity of the breach, as well as any applicable provisions in the Act or related legislation.