Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This legislation was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and ecosystems, ensuring that environmental factors are taken into account in decision-making processes that may affect them. The EPBC Act is administered by the Australian Government and its policy objective is to foster the sustainable use of the environment while protecting its integrity. In amending the list of exempt native specimens under section 303DB of the EPBC Act, the Act aims to facilitate lawful fishing activities by Australian flagged vessels in specific regions, while maintaining stringent controls to prevent overfishing and protect endangered species. This amendment allows for the temporary exemption of certain fish and invertebrate specimens taken by authorised vessels in CCAMLR Statistical Divisions 58.4.1 and 58.4.2, provided they comply with the specified conditions, such as lawful capture and a defined timeframe until 27 November 2020.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to any conduct or transactions that may impact on matters of national environmental significance. This includes the trade of native specimens, which the Act regulates to prevent the detrimental effects of over-exploitation and illegal activities. Under this legislation, the Minister for the Environment, through a delegate, can amend the list of exempt native specimens, which is part of the broader regulatory framework aimed at protecting biodiversity. The specific amendment made by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, includes specimens derived from fish or invertebrates taken by Australian flagged vessels operating under permits in specific CCAMLR statistical divisions, provided these specimens are from lawful catches and are not from species listed under Part 13 of the EPBC Act or taxa on Australia's CITES list. This amendment is subject to conditions, including a time limitation until 27 November 2020, and aims to balance conservation efforts with the interests of authorised commercial activities.

Key Provisions

The main operative sections of the amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involve the inclusion of specific specimens in the list of exempt native specimens under section 303DB (paragraph 303DC(1)). This amendment, effective from 24 December 2015, adds specimens derived from fish or invertebrates, provided they are not from species listed under Part 13 of the EPBC Act or taxa listed under section 303CA of the Act (Australia’s CITES list). The specimens must be taken by Australian flagged vessels authorised under permits issued under the Commonwealth Fisheries Management Act 1991 to operate in the Exploratory Fisheries in CCAMLR Statistical Divisions 58.4.1 and 58.4.2. These additions to the list are subject to certain conditions: the specimens must be taken lawfully and the inclusion in the list is temporary, ending on 27 November 2020. The obligations and requirements imposed by this amendment are primarily focused on compliance with the conditions set forth for the inclusion of these specimens in the list of exempt native specimens. The specimens must be derived from fish or invertebrates lawfully taken by Australian vessels operating within the specified areas under the authority of the Commonwealth Fisheries Management Act 1991. It is essential that the vessels hold the appropriate permits to ensure their activities are authorised and compliant with both the EPBC Act and the relevant fisheries management laws. Additionally, these specimens must not belong to species or taxa that are listed under Part 13 or section 303CA of the EPBC Act to ensure they do not fall under higher protection categories. The amendment outlines specific consequences for breaches of the conditions. While the document does not explicitly state the penalties for non-compliance, breaches of the EPBC Act generally carry significant civil and criminal penalties. Civil penalties can include fines of up to $666,666 for individuals and $3.3 million for corporations, as well as other remedies such as injunctions or restoration orders. Criminal penalties for more severe breaches can include fines of up to $666,666 for individuals and $3.3 million for corporations, and in some cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but the Act provides for stringent enforcement to ensure compliance with its provisions.