Amendment of List of Exempt Native Specimens - Western Deepwater Trawl Fishery and North West Slope Trawl Fishery, Commonwealth (26/11/2004)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation, introduced by the Commonwealth Parliament, aims to preserve biodiversity and manage the impacts of human activities on the environment. A specific amendment to the Act, as evidenced by the legislative instrument F2005B02237, addresses a gap concerning the management of native specimens derived from fisheries in certain regions. By including specimens from the Western Deepwater Trawl Fishery and the North West Slope Trawl Fishery in the list of exempt native specimens, the Act seeks to ensure these specimens are subject to specific conditions, including lawful taking and coverage under an approved Wildlife Trade Operation declaration. This amendment reflects a policy objective to balance environmental protection with the sustainable use of marine resources, ensuring compliance with national standards while supporting legitimate fishing activities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by this legislative instrument, applies to the protection and conservation of biodiversity, particularly in relation to native specimens that are exempt from certain regulatory requirements. This amendment specifically pertains to specimens derived from fish or invertebrates taken in the Western Deepwater Trawl Fishery and North West Slope Trawl Fishery. The Act extends its reach to any person or entity involved in the collection, trade, or transportation of these specimens within Australian jurisdiction, ensuring that the activities comply with the stated restrictions and conditions. Specimens must be lawfully taken and must be covered by a declaration of an approved Wildlife Trade Operation as per Section 303FN of the Act. The Act’s application is confined to the specified fisheries and excludes specimens belonging to species listed under Part 13 of the Act. The amendment's jurisdictional scope is national, affecting all relevant activities within Australia's territorial limits and waters.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is amended to include certain specimens in the list of exempt native specimens under section 303DB of the Act (paragraph 1). Specifically, specimens derived from fish or invertebrates taken in the Western Deepwater Trawl Fishery and North West Slope Trawl Fishery are added to the list. However, these specimens must be excluded if they are derived from species listed under Part 13 of the Act (paragraph 2). Furthermore, the inclusion of these specimens in the list is contingent on two primary conditions: the specimens must have been taken lawfully, and they must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act (paragraph 3). The Act imposes several obligations on the parties involved. Firstly, it mandates that any specimens derived from fish or invertebrates in the specified fisheries must comply with the legal stipulations set forth in the Act. This means that the harvesting and trading of these specimens must adhere to all applicable laws and regulations (paragraph 4). Secondly, the specimens must be part of an approved Wildlife Trade Operation as declared under section 303FN of the Act. This ensures that the trade of these specimens is monitored and regulated appropriately, maintaining compliance with environmental protection standards (paragraph 5). Breaches of the Act's provisions can lead to significant consequences. Under the EPBC Act, unauthorised activities related to the trade or handling of native specimens can result in both civil and criminal penalties. For instance, individuals or entities found in violation of the Act's requirements may face fines. The maximum penalty for individuals can be substantial, reaching up to $360,000 or three times the benefit obtained from the illegal activity, whichever is higher (paragraph 6). Additionally, corporations can be fined up to $1.8 million for similar offences (paragraph 7). These penalties underscore the importance of adhering to the legislative requirements and highlight the seriousness with which breaches of the Act are treated.