Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly areas of national and world significance, and to manage the impact of Commonwealth activities on the environment. The Act was introduced to address the gap in environmental protection and biodiversity conservation, aiming to prevent significant damage to the environment caused by activities under Commonwealth control. This legislation is administered by the Australian Parliament, with a policy objective to safeguard the environment through a robust framework for assessing and mitigating the impact of proposed actions that may affect matters of national environmental significance. This amendment, gazetted as C2013G00002, was made by Geoff Richardson, the Assistant Secretary of the Marine Biodiversity and Biosecurity Branch, acting as the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities. The amendment removes certain specimens derived from fish or invertebrates from the list of exempt native specimens, specifically those taken in the Western Australian Marine Aquarium Fish Managed Fishery. This change aims to refine the regulatory oversight of marine biodiversity and ensure that the provisions of the EPBC Act are applied appropriately to the specified fishery.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and individuals, including individuals, corporations, and government bodies, with respect to their activities that may impact matters of national environmental significance. The Act regulates actions that have, will have, or might have a significant impact on the environment, particularly in relation to World Heritage properties, national heritage places, wetlands of international significance, listed threatened species and ecological communities, and the marine environment. The Act's jurisdiction extends across the Commonwealth of Australia and its territories, providing a national framework for the protection and management of the environment. Specific exclusions and exemptions are outlined within the Act, including provisions for certain activities under state or territory legislation. The application of the Act can be extended or restricted through subordinate instruments, such as regulations and guidelines, which provide further detail on the implementation and enforcement of the Act. In this specific amendment, the removal of certain specimens from the list of exempt native specimens under the EPBC Act alters the regulatory environment for the collection and trade of marine aquarium fish from Western Australia, impacting relevant industries and entities involved in these activities.

Key Provisions

The primary operative sections of the Gazette C2013G00002 concern the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(1) allows the Minister to delegate the authority to amend the list of exempt specimens, which in this instance has been exercised by Geoff Richardson, the Assistant Secretary, Marine Biodiversity and Biosecurity Branch. The Gazetted amendment removes certain specimens from the list of exempt native specimens, effective from the date of the Gazette (section 303DB). These specimens are those that are or are derived from fish or invertebrates taken in the Western Australian Marine Aquarium Fish Managed Fishery, as outlined in the Western Australia Fish Resources Management Act 1994 and its associated regulations. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, any person or entity involved in the collection, trade, or possession of the specified specimens must comply with the amended list, meaning that these specimens are no longer exempt from the regulatory requirements of the EPBC Act. This means that any actions involving these specimens must now adhere to the broader environmental protection provisions under the EPBC Act, including obtaining any necessary approvals or permits. Furthermore, any relevant management plans or conservation strategies established under the Act must be updated to reflect this change, ensuring that there is no confusion or non-compliance with the new regulatory framework. In terms of potential offences, penalties, or consequences for breach, the EPBC Act provides for both civil and criminal sanctions. For corporations, the maximum penalty for contravening the provisions regarding the trade or possession of native specimens can include substantial fines, up to a maximum of $375,000 or three times the benefit obtained from the offence, whichever is the greater. For individuals, the penalties can include fines of up to $75,000 or imprisonment for up to two years, or both. Additionally, repeated or serious breaches could lead to more severe consequences, including ongoing fines and additional penalties for persistent non-compliance. The Act also provides for the possibility of injunctions or other court orders to prevent further breaches, ensuring that compliance is strictly enforced.