Amendment of List of Exempt Native Specimens - Western Tuna and Billfish Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation enacted by the Parliament of Australia to provide for the protection of the environment, particularly focusing on biodiversity conservation and the regulation of activities that may impact it. One of the key mechanisms through which the Act achieves this is by regulating the trade and possession of native specimens, including those derived from fish and invertebrates. The 2014 amendment, gazetted as C2014G01952, was introduced to address a specific gap in the regulation of native specimens taken from fisheries. This amendment removed certain specimens from the list of exempt native specimens under section 303DB of the Act. The policy objective behind this amendment was to ensure more stringent controls over the trade and possession of native specimens, thereby better protecting biodiversity and ensuring sustainable use of natural resources. The amendment was enacted by Ilse Kiessling, acting as the Delegate of the Minister for the Environment, in accordance with the powers vested in the Minister under subsection 303DC(1) of the EPBC Act. By removing certain fishery-derived specimens from the list of exempt items, the amendment aimed to address concerns about the potential negative impact of these activities on native species and ecosystems, thereby reinforcing the overarching goal of the Act to conserve Australia's unique biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities, including individuals and corporations, as well as to specific industries and conduct that may impact the environment and biodiversity. This particular amendment pertains to the list of exempt native specimens, which determines which specimens are exempt from certain provisions of the EPBC Act. The amendment removes the exemption for specimens derived from fish or invertebrates taken in the Western Tuna and Billfish Fishery, as defined in the Western Tuna and Billfish Fishery Management Plan 2005. This change affects all persons and entities involved in the fishing or trading of these specimens, particularly those operating within the specified fishery. The amendment has a national reach, as it is a Commonwealth Act, and applies to the entire jurisdiction of Australia. Notably, the amendment does not specify any exclusions or exemptions other than those already listed under Part 13 of the EPBC Act. The application and scope of the Act may be further defined or extended through subordinate instruments, which allow for additional regulations and guidelines to be established by the relevant authorities.

Key Provisions

The main operative section of this legislative amendment pertains to the removal of a specific item from the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). As per section 303DC(1), the Delegate of the Minister for the Environment has amended the list by deleting specimens that are or were derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, taken in the Western Tuna and Billfish Fishery as defined in the Western Tuna and Billfish Fishery Management Plan 2005, made under the Fisheries Management Act 1991. This change was effective from 10 May 2006 and has now been rescinded. Under the amended Act, the obligations imposed on parties or entities governed by the EPBC Act now require that any fish or invertebrate specimens taken in the Western Tuna and Billfish Fishery, previously exempt, now fall under the regulatory purview of the Act. This means that these specimens are no longer exempt from the provisions concerning the protection of native species and must comply with any relevant regulations or permits required under the EPBC Act. This change in status necessitates that entities involved in the collection, trade, or transport of these specimens must ensure they adhere to the updated legal requirements to avoid non-compliance. Breach of the provisions of the EPBC Act, including failure to comply with the updated regulations on the handling of fish and invertebrate specimens from the Western Tuna and Billfish Fishery, may result in various offences. These can include civil penalties for non-compliance with the Act, which may include fines up to a significant amount as prescribed by the regulations. Additionally, serious breaches may also attract criminal penalties, including imprisonment, depending on the severity and intent behind the non-compliance. The specific maximum penalties are detailed in the respective sections of the EPBC Act and related regulations.