Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, aims to protect and manage Australia's biodiversity and environment. This Act was introduced to address the need for comprehensive environmental protection and management, ensuring that activities do not significantly harm the environment, particularly its biodiversity. The 2013 amendment to the list of exempt native specimens under the Act was made by Geoff Richardson, Assistant Secretary of the Marine Biodiversity and Biosecurity Branch, acting as the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities. This amendment sought to modify the conditions under which certain fish and invertebrate specimens from specified fisheries in Western Australia could be exempt from certain provisions of the Act, aiming to ensure these specimens are taken lawfully and remain exempt until a specified date. This reflects the policy objective of maintaining sustainable fishing practices while protecting biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and persons, particularly those involved in activities that may impact on matters of national environmental significance, including native species and ecosystems. In the case of the amendment to the list of exempt native specimens, the Act applies specifically to specimens of fish and invertebrates, excluding those species listed under Part 13 of the EPBC Act, taken within the Western Australia Abrolhos Islands and Mid West Trawl Managed Fishery. The amendment modifies the conditions under which these specimens are exempt, stipulating that they must be lawfully taken and are only exempt until 15 March 2018. The jurisdictional reach of this amendment is national, impacting fisheries and other related activities across Australia. Notably, the Act allows for further extension or restriction of its application through subordinate instruments, which may include regulations or codes of practice designed to provide more detailed guidance on the implementation of the amended provisions.

Key Provisions

The primary operative sections of the Gazette (C2013G00582) modify the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB of the EPBC Act is amended to revoke the conditions previously imposed on the inclusion of specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, taken in the Western Australia Abrolhos Islands and Mid West Trawl Managed Fishery (section 303DC(1)). Instead, the Gazette introduces new conditions for these specimens to be included in the list of exempt native specimens. These conditions are that the specimens, or the fish or invertebrate from which they are derived, must have been taken lawfully, and the specimens must be included in the list until 15 March 2018. The obligations and requirements imposed by the Gazette on parties or entities governed by the EPBC Act are centred around the lawful taking of specimens and the adherence to the specified timeframe. Entities involved in the collection, trade, or possession of these specimens must ensure that the specimens were obtained in compliance with relevant laws and regulations. This includes maintaining proper documentation and records to substantiate the lawful nature of the collection. Furthermore, the inclusion of the specimens in the list is strictly time-bound, expiring on 15 March 2018, after which these specimens may no longer be exempt under the EPBC Act. In terms of consequences for breach, the Gazette itself does not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance. However, under the EPBC Act, unauthorised activities involving protected species can lead to significant penalties. For example, section 488 of the EPBC Act outlines that a person who contravenes the Act can be liable for a penalty, including fines that can reach up to $222,200 for individuals and $1,111,000 for bodies corporate, depending on the severity and circumstances of the offence. Additionally, criminal proceedings can be initiated, resulting in imprisonment for individuals and corporate bodies, further emphasizing the importance of compliance with the specified conditions.