Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a key piece of legislation in Australia, designed to protect and conserve the nation's biodiversity and environment. Enacted by the Commonwealth Parliament, the EPBC Act aims to address the gaps and problems associated with environmental protection and biodiversity conservation, particularly in the context of activities that may have a significant impact on listed threatened species and ecological communities. The Act provides a framework for the protection of native flora, fauna, and their habitats, as well as ensuring that activities are managed in a sustainable manner. In this context, the EPBC Act was introduced to address the need for a comprehensive and integrated approach to environmental protection and biodiversity conservation across Australia. On 4 May 2013, an amendment was made to the list of exempt native specimens under section 303DB of the EPBC Act. This amendment was made by Geoff Richardson, Assistant Secretary, Marine Biodiversity and Biosecurity Branch, as Delegate of the Minister for Sustainability, Environment, Water, Population and Communities. The amendment involved the removal of a specific item from the list, namely specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the Western Australian Mackerel Fishery. This change was made pursuant to subsection 303DC(1) of the EPBC Act, and the policy objective behind this amendment was to ensure that the management of native specimens aligns with the broader goals of the Act in terms of environmental protection and biodiversity conservation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, biodiversity, and heritage places in Australia. This particular amendment to the list of exempt native specimens under section 303DB of the EPBC Act, made by Geoff Richardson, Assistant Secretary of the Marine Biodiversity and Biosecurity Branch, as the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, pertains to the removal of certain specimens from the list of exempt items. Specifically, the amendment removes specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Western Australian Mackerel Fishery as defined in the Western Australian Mackerel Fishery (Interim) Managed Fishery Management Plan 2004, made under the Western Australian Fish Resources Management Act 1994. This change impacts the handling, trade, and transportation of such specimens, ensuring stricter compliance with environmental protection and biodiversity conservation measures. The amendment applies nationally and is enforced through the powers and regulations outlined in the EPBC Act, with any further specifics or exceptions being detailed in subordinate instruments as necessary.

Key Provisions

The main operative section of the document (subsection 303DC(1)) facilitates the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Delegate, acting on behalf of the Minister for Sustainability, Environment, Water, Population and Communities, has exercised this power to remove certain specimens from the list of exempt native specimens (section 303DB). Specifically, specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, and taken in the Western Australian Mackerel Fishery, have been deleted from the list. This change was effective from 17 November 2009 and includes the removal of any associated notations that pertain to these specimens. The Act imposes several obligations and requirements on the parties and entities it governs. It necessitates that the Minister or their delegate ensure that the list of exempt native specimens accurately reflects the current legislative and conservation needs. The Minister must also ensure that the amendments are consistent with the objectives of the EPBC Act, which include the protection and conservation of biodiversity. Furthermore, the Act requires the Minister to provide reasons for any amendments made to the list of exempt native specimens, ensuring transparency and accountability in decision-making processes. There are potential civil and criminal consequences for breaches of the provisions of the EPBC Act. While the specific document does not outline penalties, the Act generally provides for significant penalties for non-compliance. For instance, under the EPBC Act, individuals or entities that contravene the Act may face substantial fines. For corporations, the maximum penalty can be up to AUD 210,000 for each offence under the general provisions of the Act. Additionally, individuals responsible for managing or directing a corporation that breaches the Act may face personal fines of up to AUD 21,000 and imprisonment for up to two years. These penalties underscore the seriousness with which the Act regards compliance with its provisions and the protection of native species and their habitats.