Amendment of the List of Exempt Native Specimens (NT Demersal Fishery and the SA Sardine Fishery)

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. The Act was introduced to address the need for a comprehensive legislative framework that addresses environmental protection across Australia, particularly in relation to biodiversity and heritage. The Act was enacted by the Parliament of Australia and aims to safeguard Australia's biodiversity and manage activities that could impact it. The specific amendment made to the list of exempt native specimens under section 303DB of the EPBC Act by the Delegate of the Minister for the Environment, Paul Murphy, aims to clarify and refine the conditions under which certain fish and invertebrate specimens taken in specific fisheries are exempt from certain requirements of the Act. This amendment ensures that the specimens are only exempt if they are taken lawfully and are included in the list until 24 June 2016.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, particularly biodiversity, through a variety of legislative instruments. This particular amendment to the list of exempt native specimens affects fish and invertebrate specimens taken in specific fisheries within the Northern Territory and South Australia. The amendment applies to these specimens as long as they are not derived from species listed under Part 13 of the EPBC Act and were taken lawfully within the defined fisheries. The amendment imposes conditions that these specimens remain exempt until 24 June 2016, thereby providing a temporary exemption. The geographic scope of this legislation is confined to the Northern Territory and South Australia, and it applies to the conduct and transactions involving the specified fish and invertebrate specimens within these jurisdictions. There are no stated exclusions, exemptions, or thresholds in this amendment beyond the specified conditions. The application and enforcement of this Act may be extended or restricted through subordinate instruments as necessary.

Key Provisions

The primary change introduced by this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involves the list of exempt native specimens, specifically regarding specimens taken from the Northern Territory Demersal Fishery and the South Australian Sardine Fishery. Under section 303DB of the EPBC Act, the list exempts certain specimens from the regulatory requirements of the Act. The amendment, pursuant to subsection 303DC(1), revokes the conditions previously imposed on these specimens and imposes new conditions. These new conditions stipulate that the specimens, or the fish or invertebrates from which they are derived, must be taken lawfully, and the specimens are included in the list until 24 June 2016. This change effectively broadens the scope of exempt specimens while simultaneously setting a temporal limit on their exemption. The Act imposes specific obligations on the parties or entities governed by it. Firstly, any specimens derived from the specified fisheries must be taken lawfully, adhering to the regulations set out in the Northern Territory Fisheries Act 1988 and the Northern Territory Fisheries Regulation 1993 for the Northern Territory Demersal Fishery, and the South Australian Fisheries Management Act 2007, the Fisheries Management (General) Regulations 2007, and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2007 for the South Australian Sardine Fishery. Secondly, the exemption from the EPBC Act's regulatory requirements applies only until 24 June 2016, after which the specimens will no longer be exempt and may be subject to the full regulatory framework of the Act. This means that entities involved in the collection or trade of these specimens must ensure compliance with both the fisheries regulations and the broader environmental protection standards set by the EPBC Act. The Act also outlines consequences for non-compliance with its provisions. While the specific offences and penalties are not detailed in the amendment itself, under the EPBC Act, breaches of the legislation can lead to civil or criminal penalties. For example, individuals or entities that fail to comply with the Act's requirements regarding the collection, trade, or transport of native specimens may be subject to fines or imprisonment. The maximum penalties can vary depending on the nature and severity of the breach, but they can include substantial financial penalties and imprisonment terms. It is essential for those involved in the collection or trade of the specified specimens to ensure strict adherence to the legislative requirements to avoid these potential consequences.