Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework for the protection of the environment, particularly in relation to biodiversity conservation and the management of activities that may have significant environmental impacts. The Act provides a mechanism for the protection of native species and their habitats, and facilitates the management of activities that may impact on matters of national environmental significance. This legislative instrument amends the list of exempt native specimens under the EPBC Act to include specimens derived from fish or invertebrates taken in the Western Australian Shark Bay Scallop Managed Fishery, subject to certain conditions. This amendment aims to ensure that the conservation and sustainable use of biodiversity is balanced with the economic activities of fisheries, provided they are managed in accordance with the relevant state legislation and the conditions specified in the amendment. The 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, in accordance with the powers conferred by the EPBC Act. The objective of this legislative amendment is to provide a regulatory framework that facilitates the sustainable management of fisheries while protecting the biodiversity of native species. By including specimens from the Shark Bay Scallop Managed Fishery in the list of exempt native specimens, the amendment aims to streamline the regulatory processes for these specimens, provided they meet the specified conditions. This approach reflects a policy of promoting sustainable practices in fisheries management, recognising the importance of maintaining biodiversity while allowing for economic activities that are conducted in a lawful and sustainable manner. The inclusion of these specimens in the list until 31 January 2018 indicates a temporary measure, likely intended to allow for ongoing assessment and management of the fishery's impact on native species and biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection and conservation of the environment, biodiversity, and the management of activities that may impact these areas. The Act covers a broad range of entities and industries, including businesses, individuals, and government agencies, and it governs their conduct and transactions that may affect the environment or biodiversity. Geographically, the EPBC Act operates on a national level, providing a unified approach to environmental protection across Australia. The Act includes a list of exempt native specimens, which are subject to certain conditions or restrictions to ensure sustainable and lawful practices. In this particular amendment, the list of exempt native specimens has been expanded to include 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 Shark Bay Scallop Managed Fishery. These inclusions are conditional, requiring the specimens to be taken lawfully and remaining exempt until 31 January 2018. The application and scope of the Act can be further defined through subordinate instruments, which may introduce additional regulations or exemptions as necessary.

Key Provisions

The key operative sections of this legislative amendment pertain to the modification of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(1) empowers the Delegate of the Minister to amend the list, while section 303DB establishes the framework for the list of exempt specimens. Under this amendment, specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken within the Western Australian Shark Bay Scallop Managed Fishery, as defined in the Shark Bay Scallop Management Plan 1994 under the Western Australian Fisheries Resources Management Act 1994, are added to the list of exempt specimens. This inclusion, however, is contingent upon two conditions: the specimens or the fish or invertebrates from which they are derived must have been taken lawfully, and the exemption remains valid until 31 January 2018. The obligations imposed by this amendment require that any specimens taken in the specified fishery must comply with the legal requirements of the Western Australian Fisheries Resources Management Act 1994. This includes adhering to the rules and regulations set forth in the Shark Bay Scallop Management Plan 1994. Additionally, entities involved in the taking or handling of these specimens must ensure that the specimens are included in the list of exempt specimens only if they meet the criteria of being lawfully taken and if the exemption period has not expired. Failure to comply with the conditions specified in this amendment may result in civil or criminal consequences. Although the specific penalties for breaches are not detailed in the amendment itself, under the EPBC Act, unauthorised actions related to the handling of native specimens can result in substantial fines and, in severe cases, imprisonment. The maximum penalties can vary depending on the nature and severity of the breach, but they are designed to enforce compliance with environmental protection and biodiversity conservation laws. Therefore, entities involved in the fishery must ensure strict adherence to the legal framework to avoid any potential penalties or legal repercussions.