Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the conservation of biodiversity. The 2013 amendment to the EPBC Act, specifically targeting the List of Exempt Native Specimens, was introduced to address a gap in the regulation of native specimens derived from fisheries. This amendment was made by the Acting Assistant Secretary, Marine Biodiversity and Biosecurity Branch, as a delegate of the Minister for Sustainability, Environment, Water, Population and Communities, aiming to refine the regulatory framework for native specimens to better align with conservation objectives. This legislative adjustment underscores the commitment to managing and protecting native species, particularly those under threat, by ensuring that certain specimens from specific fisheries are subject to stricter controls.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities, including individuals, companies, and government bodies, as well as various industries and conduct, particularly those impacting the environment and biodiversity. The Act’s jurisdiction extends nationally, covering all of Australia and its external territories, providing a comprehensive framework for the protection of the environment, particularly in relation to matters of national environmental significance. In this particular amendment, the Act removes certain exemptions for specimens derived from fish or invertebrates taken in the Western Australian Shark Bay Prawn Managed Fishery, effective from the date of the Gazette. This change specifically targets specimens that are not part of an eligible listed threatened species, and thereby alters the regulatory landscape for these specimens, subject to the overarching provisions of the EPBC Act. The amendment demonstrates the flexibility of the Act through subordinate instruments, allowing for specific adjustments to the list of exempt native specimens to better align with conservation goals and ecological considerations.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended by this Gazette to modify the list of exempt native specimens. Specifically, section 303DC(1) of the Act has been invoked by Nathan Hanna, Acting Assistant Secretary, Marine Biodiversity and Biosecurity Branch, as Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, to delete an item from the list established under section 303DB of the EPBC Act. The item removed from the list, which was originally included on 2 April 2003, pertains to specimens derived from fish or invertebrates taken in the Western Australian Shark Bay Prawn Managed Fishery, as defined in the Shark Bay Prawn Management Plan 1993 made under the Fish Resources Management Act 1994 (WA), excluding specimens belonging to an eligible listed threatened species. Under this amendment, the parties or entities governed by the Act now face specific obligations and requirements. The deletion of the listed item implies that specimens derived from the specified fishery are no longer exempt from the general protections and regulations provided by the EPBC Act. This change might necessitate additional compliance measures, including adherence to any new regulatory frameworks that may be implemented to manage the collection, possession, or trade of these specimens. Compliance with these obligations is crucial to avoid any legal repercussions that may arise from non-conformity with the amended Act. The Gazette specifies that the amendment carries certain legal consequences for those who breach the provisions of the EPBC Act. Offences related to the unauthorised collection, possession, or trade of native specimens can result in both civil and criminal penalties. For example, individuals or entities found in breach of the Act may face significant fines or imprisonment, depending on the severity of the offence. The maximum penalties can vary based on the specific provisions of the Act and the circumstances of the breach, but they serve as a deterrent to ensure compliance with environmental protection and biodiversity conservation laws.