Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is central to the Commonwealth of Australia’s efforts to protect and conserve the nation's biodiversity. Enacted by the Australian Parliament, the EPBC Act aims to address the significant environmental challenges facing the country, including the preservation of native species and ecosystems. One of the Act's key objectives is to provide a framework for the conservation and sustainable use of Australia's biodiversity, both terrestrial and marine, by regulating activities that may impact on it. This legislative instrument amends the list of exempt native specimens under the EPBC Act, specifically adding certain fish and invertebrate specimens from the Western Australian Shark Bay Prawn Managed Fishery, subject to certain conditions and restrictions to ensure these activities do not detrimentally impact protected species or the broader ecosystem.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia, with the legislation applying to a broad spectrum of activities and entities that may impact upon the environment and biodiversity. This Act is a Commonwealth legislation, thereby exerting its influence across the entire nation. The amendment in question, as detailed in the Gazette, pertains to the list of exempt native specimens, specifically adding specimens derived from fish or invertebrates from the Western Australian Shark Bay Prawn Managed Fishery, subject to certain conditions. These conditions include the requirement that the specimens were taken lawfully and that the inclusion in the list is effective until 31 January 2018. The exclusions are those specimens belonging to species listed under Part 13 of the EPBC Act. The amendment is executed by the Acting Assistant Secretary, Marine Biodiversity and Biosecurity Branch, as a delegate of the Minister for Sustainability, Environment, Water, Population and Communities, highlighting the legislative framework’s capacity to adapt and respond to specific ecological and economic circumstances through subordinate instruments.

Key Provisions

The main operative sections of this Gazette relate to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303DB). The amendment, made pursuant to subsection 303DC(1) of the EPBC Act, includes in the list of exempt specimens those that are or are derived from fish or invertebrates taken in the Western Australian Shark Bay Prawn Managed Fishery (section 303DC(1)). This inclusion is conditional upon the specimens being taken lawfully and is valid until 31 January 2018. The obligations and requirements imposed by this amendment are specific to the entities and parties governed by the EPBC Act. Firstly, any specimens derived from fish or invertebrates taken in the Shark Bay Prawn Managed Fishery must be taken lawfully, as per the conditions stipulated in the Shark Bay Prawn Management Plan 1993 under the Western Australian Fisheries Resources Management Act 1994. Additionally, the exemption provided by this amendment is strictly time-bound, applying only until 31 January 2018. Compliance with these conditions ensures that the exemption remains valid and enforceable within the prescribed timeframe. The Gazette does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within the text provided. However, given the context of the EPBC Act, breaches of conditions regarding the taking of specimens or non-compliance with the specified restrictions could lead to legal actions under the general provisions of the Act. These might include fines, imprisonment, or other penalties as prescribed by the EPBC Act, depending on the severity and nature of the breach. It is essential for parties involved to adhere to the legal requirements to avoid any potential enforcement actions.