Unique Identifying Number:
EPBC303DC/SFS/2014/12
COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Amendment of List of Exempt Native Specimens
I, PAUL MURPHY, 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 revoking the conditions to which the inclusion of the following item in the list on 27 February 2009 is subject:
- 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, taken in the New South Wales Ocean Trawl Fishery, as defined in the Fishery Management Strategy for the Ocean Trawl Fishery made under the New South Wales Fisheries Management Act 1994
and imposing the following conditions to which inclusion of the specimens in the list is subject:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 27 June 2014.
Dated this 25th day of March 2014
Paul Murphy
Delegate of the Minister for the Environment
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 Act addresses the need to manage and conserve biodiversity and ecological processes, as well as heritage places, in a sustainable manner. The policy objective of the Act is to ensure that the environment, including native species and ecosystems, is protected from significant impacts caused by activities under Commonwealth control. The legislative amendment, published in the Gazette as C2014G00509, was made by Paul Murphy, Assistant Secretary of the Wildlife Trade and Biosecurity Branch, acting as the Delegate of the Minister for the Environment. This amendment involved updating the list of exempt native specimens under the EPBC Act, specifically concerning specimens from the New South Wales Ocean Trawl Fishery, to ensure they are taken lawfully and are included in the list until 27 June 2014.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any person or entity engaging in activities that have, will have, or are likely to have a significant impact on matters of national environmental significance. The Act operates on a national scale, affecting all individuals and entities within Australia's jurisdiction, irrespective of the specific state or territory. It governs a wide range of activities, including the trade and transport of native specimens, and mandates compliance with the provisions set forth within the Act and its subsidiary instruments. The specific amendment under reference revokes certain conditions and imposes new ones regarding specimens of fish or invertebrates taken in the New South Wales Ocean Trawl Fishery. These specimens, provided they are not from species listed under Part 13 of the EPBC Act, are subject to the conditions that they must be taken lawfully and are included in the list of exempt specimens until 27 June 2014. This amendment extends the application of the EPBC Act to regulate the trade of these specimens under the defined conditions, ensuring adherence to environmental protection standards.
Key Provisions
The key provision of this Gazette, C2014G00509, concerns the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s. 303DC). Specifically, the Gazette revokes conditions previously applied to specimens of fish or invertebrates derived from the New South Wales Ocean Trawl Fishery, except those belonging to species listed under Part 13 of the EPBC Act, and imposes new conditions for their inclusion in the list (s. 303DB). These new conditions require that the specimens must have been taken lawfully and must remain listed until 27 June 2014.
The obligations imposed by this Gazette on the relevant parties include ensuring that any specimens derived from the New South Wales Ocean Trawl Fishery are obtained through lawful means. The revised conditions necessitate compliance with these legal parameters to maintain the specimens' status as exempt native specimens. Additionally, the new conditions set a definitive timeline, requiring the specimens to be listed until 27 June 2014.
Failure to adhere to these conditions could result in significant legal consequences. While the Gazette itself does not explicitly detail penalties for non-compliance, breaches of the EPBC Act generally may lead to both civil and criminal penalties. Civil penalties can include fines up to a substantial amount, depending on the severity and nature of the breach. Criminal penalties may also apply, with potential imprisonment for individuals found guilty of contravening the Act, again depending on the specifics of the offence.
The Gazette serves as an important regulatory update, ensuring that the handling and listing of certain fishery specimens comply with current legal standards. By clearly delineating the conditions under which these specimens can be considered exempt, it aids in maintaining the integrity of Australia's biodiversity conservation efforts while balancing the needs of the fishing industry.