Amendment of List of Exempt Native Specimens - Western Australian Abalone Managed Fishery (09/09/2014) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a pivotal piece of legislation enacted to address the protection of the environment and biodiversity in Australia. This Act was introduced to fill the gap left by the need for a comprehensive legal framework that specifically targets the conservation of Australia's unique environmental assets and biodiversity. The EPBC Act is administered by the Australian Government, with the Minister for the Environment having a key role in its implementation. In this context, the policy objective of the Act is to safeguard and manage Australia's biodiversity and environmental heritage, ensuring their protection for future generations. This specific amendment, dated 9 September 2014, pertains to the adjustment of the list of exempt native specimens under the EPBC Act. The change was made by Paul Murphy, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, acting as a delegate of the Minister for the Environment. The amendment involved the removal of certain fish and invertebrate specimens from the list of exempt native specimens. This action was taken to align with conservation efforts and to ensure that the biodiversity protection measures outlined in the EPBC Act are effectively enforced.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a pivotal piece of Australian legislation that applies to a broad range of persons, entities, industries, and activities impacting the environment and biodiversity. Under the authority granted by the Minister for the Environment, the Act allows for amendments to the list of exempt native specimens, thereby directly affecting industries involved in the collection, trade, or possession of native species. In this specific instance, the Act's application has been refined by removing certain exemptions for specimens derived from fish or invertebrates, except for those species listed under Part 13 of the EPBC Act, taken within the Abalone Management Plan 1992. This amendment is geographically focused on areas covered by the Western Australian Fish Resources Management Act 1994. The Act's jurisdiction extends nationally, and its provisions can be further detailed or restricted through subordinate instruments, ensuring comprehensive protection and regulation of Australia’s biodiversity.

Key Provisions

The primary operative sections of this legislative instrument (sections 303DB and 303DC) provide the framework for the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, while section 303DC allows the Minister for the Environment, or a delegate such as the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, to amend this list. Specifically, this amendment removes specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the Abalone Management Plan 1992 under the Western Australian Fish Resources Management Act 1994. The obligations and requirements imposed by this amendment pertain to the enforcement of the updated list of exempt native specimens. Parties or entities governed by the EPBC Act must now comply with the amended list, which means that the previously exempt specimens of fish or invertebrates taken in the Abalone Management Plan are no longer exempt. This change could impact activities such as the collection, trade, or transportation of these specimens. The amendment requires relevant authorities and individuals to ensure that their practices align with the updated regulations, thereby maintaining compliance with the EPBC Act. In terms of offences, penalties, or consequences, the EPBC Act includes provisions for enforcement and compliance. The specific penalties for breaching the EPBC Act can vary widely depending on the nature and severity of the offence. Generally, penalties may include substantial fines and, in severe cases, imprisonment. The maximum penalties can be found in section 519 of the EPBC Act, which outlines that for serious offences, individuals may face fines of up to $330,000 and/or imprisonment for up to five years. For corporations, the fines can be even higher, reaching up to $1.65 million. Additionally, civil penalties may also apply, including compensation for harm caused to the environment or wildlife. The amendment itself does not specify new penalties but rather updates the list to ensure continued adherence to environmental protection standards.