Amendment of the List of Exempt Native Specimens (QLD Gulf of Carpentaria Developmental Fin Fish Trawl Fishery and Commonwealth Western Trawl Fisheries)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the Australian environment, including biodiversity conservation and management of activities that may impact on the environment. This Act was established by the Australian Parliament and serves to safeguard the nation's environmental heritage. The Act includes provisions for the regulation of activities that may have significant impacts on matters of national environmental significance. The 2015 amendment to the EPBC Act, specifically concerning the list of exempt native specimens, was introduced to ensure that certain native fish and invertebrate specimens taken from specific fisheries in Queensland are managed effectively. The policy objective of these amendments is to maintain a balance between sustainable fishing practices and the conservation of native species by ensuring that only lawful catches are exempt from certain regulatory controls until a specified date. This amendment ensures that the management of these fisheries remains compliant with national environmental standards while supporting sustainable fishing operations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the regulation of activities that may impact the environment and biodiversity in Australia, including the management of native species and their specimens. This particular amendment pertains to the list of exempt native specimens, focusing on fish and invertebrate specimens taken within specific fisheries in Queensland. The changes made by this legislation are applicable to any person or entity involved in the collection, handling, or trade of these specimens, specifically those operating within the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery, the Western Deepwater Trawl Fishery, and the North West Slope Trawl Fishery. The exemption conditions apply to specimens taken lawfully under the relevant Queensland fisheries regulations, with the exemption period set until 25 November 2016. This amendment serves to clarify and streamline the regulatory framework governing these fisheries' interactions with native specimens, ensuring compliance with national environmental protection standards while considering local fisheries management regimes.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended to alter the list of exempt native specimens. Specifically, section 303DC(1) of the Act allows for such amendments to be made by a delegate of the Minister for the Environment. In this case, Paul Murphy, Assistant Secretary of the Wildlife Trade and Biosecurity Branch, has acted as the delegate to amend the list of exempt native specimens under section 303DB of the EPBC Act. This amendment revokes certain conditions previously attached to specimens taken from the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery, the Western Deepwater Trawl Fishery, and the North West Slope Trawl Fishery, while imposing new conditions. Under the amended provisions, specimens from these fisheries are now exempt if they are derived from fish or invertebrates, provided that they are not from species listed under Part 13 of the EPBC Act. However, these specimens must meet two conditions: first, they must have been taken lawfully, and second, they must be included in the list of exempt specimens until 25 November 2016. This means that any specimens derived from these fisheries and meeting the aforementioned criteria will be exempt from certain regulatory requirements until the specified date. The obligations imposed by this amendment require that any parties involved in the collection, handling, or trade of these specimens ensure they adhere to the specified conditions. This includes verifying that the specimens were taken lawfully and maintaining records to demonstrate compliance with the exemption until the specified date. Failure to meet these conditions could result in the specimens no longer being exempt from regulatory requirements, potentially leading to legal repercussions. In terms of consequences for non-compliance, while the specific penalties are not detailed within the text, breaches of the EPBC Act can result in significant civil or criminal penalties. These may include fines and imprisonment, depending on the severity and intent of the breach. The maximum penalties can vary widely, depending on the specific provisions of the Act that are contravened, and may be subject to judicial discretion. It is important for entities and individuals governed by this Act to ensure strict adherence to its provisions to avoid these potential consequences.