Amendment of List of Exempt Native Specimens - Western Australian South Coast Crustacean Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a pivotal piece of Australian legislation enacted to address the need for comprehensive protection of the nation's biodiversity and environment. This Act was introduced to fill the gap in conservation and environmental protection measures, providing a framework for the conservation of biodiversity and the protection of the environment from harmful impacts. The Act was enacted by the Commonwealth Parliament and its primary policy objective is to prevent significant harm to the environment from actions that are regulated under the Act, including actions that may impact on matters of national environmental significance. On 23 October 2015, Paul Murphy, as Delegate of the Minister for the Environment, amended the list of exempt native specimens under section 303DC of the EPBC Act. This amendment revoked the conditions previously imposed on specimens of fish or invertebrates, other than those belonging to species listed under Part 13 of the Act, taken in the Western Australian South Coast Crustacean Fishery, and imposed new conditions that these specimens must be taken lawfully and are included in the list until 11 November 2016. This amendment reflects an ongoing effort to balance environmental protection with sustainable use and management of native species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia, and its amendments reflect the ongoing need to adjust regulations to new findings or changing circumstances. This specific amendment, issued by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as a delegate of the Minister for the Environment, modifies the list of exempt native specimens under section 303DB of the EPBC Act. The amendment primarily pertains to specimens derived from fish or invertebrates taken in the Western Australian South Coast Crustacean Fishery, excluding those from species listed under Part 13 of the EPBC Act. This change involves revoking previous conditions and imposing new ones, ensuring that these specimens remain exempt only if they were taken lawfully and are included in the list until 11 November 2016. The jurisdictional reach of the EPBC Act is national, applying across the Commonwealth of Australia, and its amendments extend to any entities or individuals involved in the trade or handling of native specimens within the specified conditions.

Key Provisions

The key sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) that pertain to this amendment are section 303DB, which establishes the list of exempt native specimens, and section 303DC, which empowers the Minister to make amendments to this list. Specifically, this amendment concerns the revocation and re-imposition of conditions for specimens taken from the Western Australian South Coast Crustacean Fishery (subsection 303DC(1)). The specimens in question are those derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act. The conditions set forth require that the specimens must be taken lawfully and that they remain included in the list until 11 November 2016 (section 303DB). The obligations imposed by this Act on the parties or entities it governs include ensuring that any specimens derived from fish or invertebrates taken in the specified fishery are in compliance with the conditions outlined. Specifically, entities must verify that the specimens were taken lawfully and that they are aware of the limited timeframe during which these specimens are exempt, extending only until 11 November 2016. Failure to comply with these conditions may result in the specimens no longer being exempt from the regulatory requirements of the EPBC Act, potentially affecting their trade and transportation. In terms of consequences for non-compliance, the Act does not explicitly state civil or criminal penalties for breaches related to the listing of exempt native specimens. However, any unlawful taking of specimens or failure to adhere to the conditions set forth could result in legal action under other relevant sections of the EPBC Act. This may include fines, imprisonment, or other penalties as determined by a court, depending on the severity and intent of the breach. The maximum penalties for breaches of the EPBC Act can be significant, reflecting the importance of environmental protection and biodiversity conservation.