Unique Identifying Number:
EPBC303DC/SFS/2015/46
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 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, taken in the Victorian Scallop Dive (Port Phillip Bay) Fishery as defined in the management regime in force under the Victorian Fisheries Act 1995 and the Victorian Fisheries Regulations 2009,
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 11 December 2020.
Dated this 11th day of December 2015
..…….……………Paul Murphy…………………
Delegate of the Minister for the Environment
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 and ecological processes, from the impacts of human activities. This Act, administered by the Australian Government, aims to provide a framework for the protection of the environment, including native flora and fauna, ecosystems, and heritage places, through various regulatory mechanisms and the establishment of a list of threatened species and ecological communities. In 2015, an amendment to the EPBC Act was gazetted, adjusting the list of exempt native specimens. This amendment was made to accommodate the management of specific fisheries by allowing certain specimens taken from the Victorian Scallop Dive (Port Phillip Bay) Fishery to be exempt from certain provisions of the EPBC Act, provided they were taken lawfully and were not from species listed under Part 13 of the Act. This amendment reflects a policy objective to balance conservation efforts with the sustainable management of natural resources, ensuring that legitimate fishing activities are not unduly restricted by the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of Australian legislation that aims to protect and conserve the nation's biodiversity and environment. This particular amendment, issued by the Delegate of the Minister for the Environment, adds certain specimens to the list of exempt native specimens under the Act. Specifically, it includes specimens that are or are derived from fish or invertebrates taken in the Victorian Scallop Dive (Port Phillip Bay) Fishery, as defined by the Victorian Fisheries Act 1995 and the Victorian Fisheries Regulations 2009. However, these specimens must not belong to species listed under Part 13 of the EPBC Act. The inclusion of these specimens in the list is conditional on them being taken lawfully and remains in effect until 11 December 2020. This amendment applies nationally within the Commonwealth of Australia and is subject to the conditions stipulated. The Act's broad jurisdiction ensures its application across various industries and entities involved in fishing and biodiversity conservation within the defined scope.
Key Provisions
The legislation (C2015G02134) amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by including certain specimens from the Victorian Scallop Dive (Port Phillip Bay) Fishery into the list of exempt native specimens, as established under section 303DB (1) of the EPBC Act. Specifically, specimens from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, are now exempt from certain provisions of the Act (subsection 303DC(1)). This inclusion is contingent upon two conditions: the specimens must be taken lawfully, and they are only exempt until 11 December 2020.
The Act imposes several obligations on the parties or entities it governs. Firstly, any specimens derived from the specified fishery must be taken in accordance with the management regime outlined in the Victorian Fisheries Act 1995 and the Victorian Fisheries Regulations 2009. This ensures that the specimens are obtained through lawful means. Additionally, the exemption is temporary, lasting only until 11 December 2020, after which these specimens would no longer be exempt under the EPBC Act. Compliance with these conditions is necessary to maintain the validity of the exemption.
Failure to comply with the conditions set out in the legislation may result in various consequences. While the Act does not explicitly state penalties for non-compliance, the broader framework of the EPBC Act provides for significant sanctions. Offences under the EPBC Act can result in substantial fines and, in severe cases, imprisonment. For example, knowingly causing harm to a listed species can incur penalties of up to $1.1 million for corporations and up to $220,000 for individuals, along with potential imprisonment of up to seven years. These penalties reflect the seriousness with which the Australian government treats breaches of environmental protection laws.