Amendment of List of Exempt Native Specimens - Western Australian Mackerel Fishery (inclusion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is pivotal Australian legislation designed to protect and manage the nation's environmental assets, encompassing biodiversity and ecological processes of national and international significance. The Act was introduced to address the growing need for a comprehensive legal framework to manage and conserve Australia's environment, ensuring sustainable development and mitigating the impact of human activities on ecological systems. Enacted by the Parliament of Australia, the EPBC Act aims to provide for the protection of the environment, particularly with regard to matters of national environmental significance, through stringent regulations and collaborative efforts with various stakeholders. In May 2013, an amendment was made to the list of exempt native specimens under the EPBC Act, as delegated by the Minister for Sustainability, Environment, Water, Population and Communities. This amendment specifically included specimens of fish and invertebrates taken in the Western Australian Mackerel Fishery, subject to conditions ensuring lawful capture and a temporary inclusion until 17 November 2014. This action reflects the ongoing commitment to balance ecological conservation with sustainable fisheries management, ensuring that the exploitation of natural resources adheres to environmental protection standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to a wide range of activities across Australia, aiming to protect and conserve the nation's biodiversity and heritage. The Act governs the actions of individuals, corporations, and other entities that may impact the environment, particularly those involving activities that require approval under the Act. The recent amendment to the list of exempt native specimens under section 303DB of the Act, as authorised by the Minister for Sustainability, Environment, Water, Population and Communities, adds certain fish and invertebrate specimens taken within the Western Australian Mackerel Fishery. This amendment is subject to the conditions that the specimens must be taken lawfully and are included in the list until 17 November 2014. The geographic scope of this amendment is confined to the waters defined within the Mackerel Managed Fishery Management Plan 2011, made under the Western Australian Fish Resources Management Act 1994. The Act allows for further specification and restriction of application through subordinate instruments, which can introduce additional regulations or conditions as necessary.

Key Provisions

The main operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) concern the addition of a specific category of native specimens to the list of exempt specimens (section 303DB). The specimens in question are those derived from fish or invertebrates taken within the Western Australian Mackerel Fishery, as defined in the Mackerel Managed Fishery Management Plan 2011 under the Western Australian Fish Resources Management Act 1994 (section 303DC(1)). These additions to the list are subject to certain conditions, including that the specimens must be taken lawfully (section 303DB) and the exemption applies until 17 November 2014. The obligations and requirements imposed by this amendment are primarily directed towards ensuring that any specimens derived from fish or invertebrates in the specified fishery are taken lawfully and are not of species listed under Part 13 of the EPBC Act. The inclusion of these specimens in the exempt list is contingent on adherence to the fishery's management plan and the timeframe specified, which ends on 17 November 2014. There is also an implicit requirement for compliance with all relevant state and federal laws governing the management and protection of fish and invertebrate species. In terms of legal consequences, the Act does not explicitly detail offences or penalties for breach of these conditions in the provided text. However, generally under the EPBC Act, unauthorised actions that contravene the Act or its regulations can lead to civil and criminal penalties. For example, unauthorised actions could result in substantial fines, imprisonment, or both, depending on the severity of the breach. The specific penalties would be determined in accordance with the general provisions of the EPBC Act and any related regulations or subsidiary legislation.