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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation across Australia. This legislation provides a framework for the protection of the environment, particularly in relation to actions that may have a significant impact on matters of national environmental significance. The Act was introduced by the Australian Parliament with the policy objective of ensuring the protection of the environment and biodiversity through regulation and management of activities that may adversely affect these areas. The 2014 amendment to the list of exempt native specimens under the EPBC Act, as enacted by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, on behalf of the Minister for the Environment, aims to include certain fish and invertebrate specimens taken in the Western Australian Abalone Managed Fishery, subject to specific conditions and restrictions. These conditions ensure that the specimens are taken lawfully and are included in the list until 12 September 2019, reflecting a targeted approach to managing and conserving specific species within the broader framework of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and activities across Australia, with the objective of protecting and managing Australia’s biodiversity and environmental heritage. This legislation provides a framework for the assessment and approval of activities that may have a significant impact on matters of national environmental significance, such as threatened species, ecological communities, and World Heritage properties. The Act applies to individuals, corporations, and other legal entities engaged in activities that may affect these environmental aspects, including those involved in fishing and wildlife trade. In terms of jurisdictional reach, the EPBC Act is a Commonwealth Act, thereby extending its application across the entire nation, regardless of state or territory boundaries. This particular amendment to the list of exempt native specimens under section 303DB of the EPBC Act pertains specifically to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Western Australian Abalone Managed Fishery. This amendment is subject to certain conditions, namely that the specimens must be lawfully taken and are included in the list until 12 September 2019. The scope of the Act can be further extended or refined through subordinate instruments, allowing for detailed regulations and guidelines that address specific environmental concerns and operational practices.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended by this legislative instrument to alter the list of exempt native specimens (sections 303DC(1) and 303DB). Specifically, specimens derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, are included in the list of exempt specimens. This inclusion applies to specimens taken in the Western Australian Abalone Managed Fishery as defined by the Abalone Management Plan 1992, which is in force under the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995. This exemption is subject to certain conditions, including that the specimens were taken lawfully and that the exemption remains in effect until 12 September 2019. Under this legislation, the primary obligations on the parties or entities governed by the Act are to ensure that any specimens taken within the specified parameters are both lawfully obtained and properly documented. This includes maintaining records that demonstrate compliance with the conditions of the exemption. Furthermore, any person or entity involved in the trade, transport, or handling of these specimens must adhere to the specified timeframe for the exemption, ensuring that activities related to these specimens cease by 12 September 2019. Failure to comply with the provisions and conditions outlined in the amendment could result in significant legal consequences. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed in the provided text, it is generally understood that violations of the EPBC Act can lead to substantial penalties. These penalties may include fines, imprisonment, or both, depending on the severity and nature of the breach. The maximum penalties for offences under the EPBC Act can vary widely, reflecting the seriousness of environmental protection and biodiversity conservation issues. As such, entities and individuals are strongly advised to ensure full compliance to avoid any potential legal repercussions.