Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act addresses various environmental issues, including the preservation of biodiversity, the management of threatened species and ecological communities, and the regulation of activities that may impact on the environment. In 2012, an amendment was made to the list of exempt native specimens under section 303DB of the Act, revoking certain conditions on specimens derived from fish or invertebrates taken in specified fisheries and imposing new conditions to ensure compliance with wildlife trade operation regulations. This amendment was made by Tony Burke, the Minister for Sustainability, Environment, Water, Population and Communities, under subsection 303DC(1) of the Act, aiming to maintain the balance between environmental protection and sustainable use of natural resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of the environment, biodiversity conservation, and the regulation of activities that may impact on matters of national environmental significance. This particular amendment to the Act pertains to the list of exempt native specimens, specifically revising the conditions under which certain specimens derived from fish or invertebrates taken in specified fisheries are exempt from certain controls. The amendment affects entities and persons involved in the Western Deepwater Trawl Fishery and North West Slope Trawl Fishery, provided that the specimens meet the conditions of lawful taking and being covered by an approved wildlife trade operation declaration. The jurisdictional reach of this amendment is national, impacting fisheries across Australia as it pertains to Commonwealth waters and national environmental concerns. Any exclusions or exemptions are limited to those specimens belonging to species listed under Part 13 of the Act, which typically includes threatened species and ecological communities. The application of the Act may be further extended or restricted by subordinate instruments, which could include regulations or guidelines detailing the specific requirements for approved wildlife trade operations.

Key Provisions

The amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) primarily involves adjustments to the list of exempt native specimens under section 303DB (1). Specifically, the amendment concerns specimens derived from fish or invertebrates taken in the Western Deepwater Trawl Fishery and North West Slope Trawl Fishery. The amendment revokes previous conditions and introduces new ones: specimens must be taken lawfully and must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This change is effective as of 1 December 2004. The obligations imposed by this amendment are clear and direct. Firstly, parties involved in handling these specimens must ensure that the specimens are taken lawfully. This involves adherence to all applicable fishing regulations and obtaining necessary permits. Secondly, the specimens must be part of a declaration of an approved wildlife trade operation. This means that the trade of these specimens must be overseen by a recognised operation that complies with all relevant wildlife trade regulations. These obligations are crucial to maintaining the integrity of the wildlife trade under the EPBC Act. For breaches of the provisions outlined in the EPBC Act, there are significant consequences. Violations of the wildlife trade regulations can lead to both civil and criminal penalties. Civil penalties include fines that can be substantial, depending on the severity of the breach. For instance, under section 518 of the EPBC Act, the maximum penalty for an individual can be up to $330,000 or three times the benefit obtained from the breach, whichever is greater. Additionally, corporations can face even higher fines, potentially up to $1.65 million. Criminal penalties can also be imposed, which may include imprisonment, depending on the nature and extent of the offence. These penalties are designed to deter non-compliance and ensure the protection of native species and their habitats.