Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the problem of biodiversity loss and the need for effective conservation measures. The Act establishes a framework for the protection of the environment, particularly focusing on matters of national environmental significance. The 2013 amendment to the list of exempt native specimens under the EPBC Act, as made by Geoff Richardson, Assistant Secretary of the Marine Biodiversity and Biosecurity Branch and Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, aims to refine the regulatory conditions for certain marine specimens. This amendment revokes previous conditions for specimens derived from fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act, taken within the Western Australian West Coast Deep Sea Crustacean Managed Fishery. The new conditions include the requirement that these specimens be taken lawfully and are listed until 3 May 2018. This legislative change underscores the policy objective of ensuring sustainable management and conservation of marine biodiversity while balancing commercial interests within regulated fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is an overarching Commonwealth Act that applies to a wide range of activities that may have significant impacts on matters of national environmental significance. The recent amendment to the list of exempt native specimens, as detailed in the Gazette, targets specific specimens of fish and invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken within the Western Australian West Coast Deep Sea Crustacean Managed Fishery. This amendment, made by the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, aims to adjust the conditions under which these specimens are exempt from certain provisions of the EPBC Act, specifically requiring that such specimens be taken lawfully and remaining in effect until 3 May 2018. The legislative change reflects a nuanced approach to biodiversity conservation by balancing ecological preservation with the economic activities of fisheries.

Key Provisions

The key operative sections of this legislative amendment concern the revision of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(1) allows the Minister for Sustainability, Environment, Water, Population and Communities to amend the list of exempt native specimens, as exercised by the Assistant Secretary, Marine Biodiversity and Biosecurity Branch. The amendment revokes certain conditions that previously applied to specimens taken in the Western Australian West Coast Deep Sea Crustacean Managed Fishery, as outlined in the West Coast Deep Sea Crustacean Management Plan 2012, and introduces new conditions for these specimens. These new conditions require that the specimens, or the fish or invertebrates from which they are derived, must be taken lawfully and that they remain exempt until 3 May 2018. The Act imposes several obligations on the parties or entities it governs, particularly those involved in the management and taking of specimens within the specified fishery. Firstly, it mandates that any specimens taken must be derived lawfully from the West Coast Deep Sea Crustacean Managed Fishery, as defined by the relevant state management plans and regulations. This ensures compliance with state fishing regulations and prevents illegal harvesting. Secondly, it places the onus on those managing and utilising these specimens to ensure that they adhere to the new conditions set forth by the federal amendment. These conditions not only specify the type of specimens covered but also the timeframe during which they remain exempt from certain federal regulations. In terms of breaches and potential consequences, the EPBC Act does not explicitly outline penalties for non-compliance with these specific amendments in the provided text. However, it is important to note that general provisions within the EPBC Act allow for enforcement actions against breaches of its regulations. Such actions can include fines and other penalties for individuals or entities found to be in violation of the Act's provisions. Under the general enforcement framework of the EPBC Act, penalties for serious breaches can be substantial, with maximum fines reaching up to $66,000 for individuals and significantly higher amounts for corporations, depending on the severity and nature of the breach. Additionally, there may be civil or criminal proceedings initiated against those found to be in breach of the Act, which could further exacerbate the legal and financial consequences.