Amendment of List of Exempt Native Specimens - Western Australian South Coast Crustacean Fishery and Western Australian Mackerel Fishery, Western Australian South Coast Salmon Managed Fishery and Western Australian South West Coast Salmon Managed Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection and conservation of Australia's biodiversity and its impacts, and to provide a framework for the sustainable use of natural resources. The Act was introduced by the Commonwealth Parliament to provide a comprehensive legislative framework for the protection and conservation of the environment, including native species and their habitats, against threats from human activities. This legislative amendment pertains to the list of exempt native specimens, which was modified by the Minister for the Environment through a delegate, as per the powers granted under the EPBC Act. The amendment seeks to ensure that certain specimens taken from specified fisheries in Western Australia are exempt from the provisions of the Act, provided they meet specific conditions such as being taken lawfully and being included in the list until a certain date. This change aims to streamline regulatory processes and ensure compliance with both state and federal environmental protection requirements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, particularly focusing on matters of national and international significance. This legislation applies to a broad range of entities, including individuals, corporations, and government bodies, with a focus on conduct and transactions that may impact the environment. The geographic reach of the EPBC Act extends across the Commonwealth of Australia, providing a national framework for environmental protection. The Act includes provisions for exemptions and thresholds, which can be modified through subordinate instruments, thereby extending or restricting its application as necessary. This particular amendment, issued by the A/g Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, pertains specifically to the list of exempt native specimens. It revokes previous conditions and imposes new conditions on specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in specified fisheries in Western Australia. The amendment applies until 13 November 2015, affecting the lawful taking of these specimens within the specified fisheries.

Key Provisions

The main operative sections of this Gazette involve the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB of the Act is amended by revoking the conditions previously subject to the inclusion of certain specimens in the list of exempt native specimens (section 303DC(1)). These specimens are those derived from fish or invertebrates taken in specified Western Australian fisheries, excluding those belonging to species listed under Part 13 of the EPBC Act. The Gazette revokes the existing conditions and imposes new conditions, primarily that the specimens must be taken lawfully and that they are included in the list until 13 November 2015. The obligations imposed by this Act on the parties or entities it governs revolve around compliance with the specified conditions for the inclusion of these specimens in the list of exempt native specimens. Parties involved in the Western Australian South Coast Crustacean Fishery, the Western Australian Mackerel Fishery, the Western Australian South Coast Salmon Managed Fishery, and the Western Australian South West Coast Salmon Managed Fishery must ensure that the specimens they handle are taken lawfully and are used within the prescribed timeframe. Additionally, the Act requires that the specimens are accurately identified and documented to ensure compliance with the new conditions. Any breaches of the conditions set out in the Gazette may lead to civil or criminal consequences, depending on the nature and severity of the breach. While the Gazette does not specify maximum penalties for breach, the EPBC Act provides a framework under which penalties can be imposed. These may include fines for individuals and corporations, with the specific amounts determined by the courts based on the circumstances of the offence. Furthermore, persistent or severe breaches may lead to more stringent actions, including prosecution under the Act, which could result in substantial fines and even imprisonment for responsible individuals.