Unique Identifying Number:
EPBC303DC/SFS/2014/50
COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Amendment of List of Exempt Native Specimens
I, Ilse Kiessling, Acting Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, pursuant to subsection 303DC(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), hereby amend the list of exempt native specimens established under section 303DB of the EPBC Act by including in the list the following:
- specimens that are or are derived from fish or invertebrates, other than:
specimens that belong to species listed under Part 13 of the EPBC Act, and
specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list)
taken in the Western Tuna and Billfish Fishery, as defined in the Western Tuna and Billfish Fishery Management Plan 2005 in force under the Commonwealth Fisheries Management Act 1991
with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 28 November 2019.
Dated this 21 day of November 2014
….……………………I. Kiessling…………………………
Delegate of the Minister for the Environment
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of Australia's biodiversity and the management of its environmental impact. This legislation was introduced to provide a comprehensive framework for environmental protection, aiming to ensure that activities do not significantly harm Australia's native flora, fauna, ecological communities, or heritage places. The Act empowers the federal government to regulate activities that may impact biodiversity, thereby addressing gaps in environmental protection and conservation. Pursuant to the EPBC Act, the Minister for the Environment has delegated the task of managing and amending the list of exempt native specimens to the Acting Assistant Secretary, Wildlife Trade and Biosecurity Branch. This specific amendment aims to exempt certain fish and invertebrate specimens taken in the Western Tuna and Billfish Fishery, provided they are taken lawfully and are not listed under Part 13 of the EPBC Act or Australia’s CITES list, with these exemptions remaining in effect until 28 November 2019.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, including native species and their specimens, across Australia and its territories. This particular amendment to the list of exempt native specimens under the Act pertains to 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 under the Commonwealth Fisheries Management Act 1991. However, this exemption does not apply to specimens belonging to species listed under Part 13 of the EPBC Act or to taxa listed under section 303CA of the EPBC Act, which includes Australia's CITES list. This amendment is subject to the condition that the specimens must have been taken lawfully and is effective until 28 November 2019. The jurisdictional reach of this Act is national, applying across the Commonwealth of Australia, and it extends its application through subordinate instruments such as the management plans referenced within the Act.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended to include certain fish and invertebrate specimens taken within the Western Tuna and Billfish Fishery in the list of exempt native specimens (section 303DB). This amendment was made by Ilse Kiessling, the Acting Assistant Secretary of the Wildlife Trade and Biosecurity Branch, on behalf of the Minister for the Environment, under subsection 303DC(1) of the EPBC Act. Specifically, specimens of fish or invertebrates taken in the fishery are now exempt from certain EPBC Act requirements, except for those belonging to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA (Australia’s CITES list) (section 303DC/SFS/2014/50). This amendment is contingent on the specimens being taken lawfully and remains in effect until 28 November 2019.
The amendment imposes certain obligations on the parties involved in the Western Tuna and Billfish Fishery. It is essential that the specimens are derived from fish or invertebrates taken lawfully within the fishery, as defined by the Western Tuna and Billfish Fishery Management Plan 2005 under the Commonwealth Fisheries Management Act 1991. The exemption from certain EPBC Act requirements is conditional on adherence to these criteria, ensuring that the specimens included in the list are obtained through legal means and are not associated with protected species or taxa.
Failure to comply with the conditions of the exemption could result in various legal consequences. The EPBC Act provides for both civil and criminal penalties for breaches. While specific penalties are not detailed in this amendment, general provisions under the EPBC Act include fines and imprisonment. Civil penalties may include fines of up to $66,000 for individuals and $330,000 for corporations, while criminal penalties may include imprisonment for up to five years for individuals and up to $3.3 million for corporations, depending on the severity and frequency of the offence. These penalties serve as a deterrent against non-compliance and underscore the importance of adhering to the terms of the exemption.