Amendment of List of Exempt Native Specimens - Western Australian Beche-de-mer Fishery (26/08/2014)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of Australia’s environment, including its biodiversity and significant natural places. The Act provides a framework for the protection and management of native species, ecosystems, and heritage places. This legislation was introduced by the Parliament of Australia to address the gaps in environmental protection by providing a unified approach to conservation and sustainable use of natural resources. This particular amendment, gazetted on 26 August 2014, was introduced to revise the conditions under which certain native specimens are exempt from specific provisions of the Act. The policy objective of this amendment is to ensure that native specimens, particularly those derived from fish or invertebrates taken in the Western Australian Beche-de-mer Fishery, are subject to appropriate regulatory conditions, thereby maintaining ecological balance and promoting sustainable practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of the environment and the conservation of biodiversity in Australia, covering both Commonwealth and non-Commonwealth land and waters. The Act applies to a wide range of activities and entities, including individuals, corporations, and government entities, by regulating actions that may have a significant impact on matters of national environmental significance. Specifically, this amendment pertains to the list of exempt native specimens, altering the conditions under which specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Western Australian Beche-de-mer Fishery, are exempt from certain controls. The geographic reach of this amendment is national, as the EPBC Act operates across Australia, and the amendment is intended to affect all persons and entities engaging in activities related to these specimens. The amendment imposes conditions that these specimens must be taken lawfully and remain exempt until 27 August 2015. The Act also extends its application through subordinate instruments, allowing for further regulation and detail to be specified as necessary.

Key Provisions

The main operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertain to the adjustment of the List of Exempt Native Specimens under section 303DB. Specifically, section 303DC(1) of the EPBC Act empowers the Minister's delegate to amend this list, and in this instance, the delegate, Paul Murphy, has revoked the conditions that previously applied to specimens derived from fish or invertebrates taken in the Western Australian Beche-de-mer Fishery. These specimens are now subject to new conditions, namely that they must be taken lawfully and will remain in the list until 27 August 2015. This change effectively modifies the criteria and duration for the exemption of these specimens from certain regulatory requirements under the EPBC Act. The obligations and requirements imposed by this amendment necessitate that any specimens derived from fish or invertebrates taken in the specified fishery must adhere to the stipulation that they be taken lawfully. This requirement ensures that the collection of these specimens complies with all relevant laws and regulations, thus maintaining the integrity of the fishing practices and biodiversity conservation efforts. Additionally, the specimens will only remain exempt from certain regulatory provisions until 27 August 2015, providing a clear timeframe within which these conditions apply. Under the amended provisions, any breach of the conditions outlined for these specimens could result in significant consequences. While specific offences and penalties are not detailed in the text, breaches of the EPBC Act generally can lead to substantial civil and criminal penalties. The Act provides for penalties that can include fines of up to $666,666 for individuals and up to $3,333,330 for corporations for serious or repeated offences. Additionally, criminal prosecutions may be initiated, leading to imprisonment terms that can extend based on the severity and frequency of the breaches. These potential consequences underscore the importance of compliance with the new conditions set forth in this amendment.