Amendment of List of Exempt Native Specimens - Western Australian Bech-de-mer Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, including its biodiversity, through a range of regulatory measures. This Act addresses the problem of inadequate regulation and protection of native species and ecosystems, particularly those that are threatened or endangered, by establishing a framework for the assessment and approval of actions that may significantly impact the environment. The EPBC Act is administered by the Minister for the Environment, who is responsible for the protection of the environment and its biodiversity. The policy objective of this legislation is to ensure the sustainable use of natural resources and to conserve Australia's unique flora and fauna. On 20 August 2015, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, amended the list of exempt native specimens established under section 303DB of the EPBC Act. The amendment involved revoking the conditions that were subject to the inclusion of certain specimens derived from fish or invertebrates taken in the Western Australian Bech-de-mer Fishery, while imposing new conditions on their inclusion in the list. These new conditions require that the specimens or the fish or invertebrates from which they are derived were taken lawfully and that they remain included in the list until 26 August 2016. This amendment was made to provide for the regulation of the trade of native specimens, ensuring that they are sourced and traded in a sustainable and lawful manner.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of Australian legislation aimed at protecting and managing the nation’s biodiversity and significant environmental assets. The Act applies to a wide range of persons, entities, and industries, including individuals, corporations, and government bodies, and encompasses conduct and transactions that may impact the environment or biodiversity. The jurisdictional reach of the EPBC Act is national, extending across the Commonwealth of Australia, and includes territories, making it a crucial tool for the preservation of Australia’s unique ecological systems. The Act’s scope is further extended through subordinate instruments, which can impose additional conditions or restrictions on certain activities or entities as necessary. In this specific instance, the amendment to the list of exempt native specimens under section 303DB of the Act modifies the conditions for specimens derived from fish or invertebrates taken in the Western Australian Bech-de-mer Fishery, with the amendments applying until 26 August 2016, provided the specimens were taken lawfully. This amendment highlights the Act’s dynamic nature, allowing for adjustments to regulatory requirements to better suit conservation needs.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended to revise the list of exempt native specimens. Specifically, section 303DC(1) of the Act allows the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as the Delegate of the Minister for the Environment, to make such amendments. The amendment concerns specimens of fish or invertebrates taken in the Western Australian Bech-de-mer Fishery, excluding those derived from species listed under Part 13 of the Act. Previously, these specimens were included in the list of exempt native specimens subject to certain conditions, which have now been revoked and replaced with new conditions (subsection 303DB). The amended conditions specify that for the specimens to be included in the list of exempt native specimens, they must be taken lawfully, and the inclusion is valid only until 26 August 2016. This means that any specimens of fish or invertebrates from the specified fishery that meet these criteria are exempt from certain controls under the EPBC Act for the duration of the amended conditions. It is essential that the specimens were obtained in compliance with relevant laws to ensure their exemption. Entities and individuals affected by this amendment must ensure that any specimens of fish or invertebrates derived from the Western Australian Bech-de-mer Fishery comply with the newly imposed conditions. This involves verifying that the specimens were taken lawfully and that they are included in the list until the specified date. Failure to adhere to these conditions could result in the specimens not being considered exempt, potentially leading to additional regulatory requirements under the EPBC Act. The Act includes provisions for offences and penalties for non-compliance. Although the specific penalties are not detailed in the Gazette, breaches of the EPBC Act can lead to substantial fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the breach, with maximum penalties varying according to the specific provisions of the Act being contravened. It is imperative for parties involved in the handling or trade of these specimens to ensure strict compliance to avoid facing legal repercussions.