The Environment Legislation Amendment Act 2015 (Cth) amends various sections of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and the Great Barrier Reef Marine Park Act 1975 (Cth) to provide additional protection for turtles and dugongs under both Acts.
The Act does not limit any absolute rights. It does not affect the rights of Indigenous peoples to harvest dugong and turtles for the purposes of domestic, non-commercial communal needs preserved by section 211 of the Native Title Act 1993 (Cth). For example, through exceptions to the offence provisions which apply to actions taken in accordance with traditional use of marine resources agreements made under the GBRMP Act.
For further information, see the Explanatory Memoranda.
Relevant provisions:
s 196F Aggravated offence--member of listed threatened species that is a dugong or turtle
(1) For the purposes of this Subdivision, an offence against section 196, 196A, 196B, 196C, 196D or 196E (the underlying offence ) is an aggravated offence if the member to which the underlying offence relates is:
(a) a member of a listed threatened species; and
(b) a member of a species mentioned in paragraph 248(2)(f), (g) or (h).
Note: Marine turtles and leatherback turtles are members of the species mentioned in paragraphs 248(2)(g) and (h), and on the day this section commenced, these species were listed threatened species.
(2) If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.
(3) Strict liability applies to the physical elements of circumstance, that the member is:
(a) a member of a listed threatened species; and
(b) a member of a species mentioned in paragraph 248(2)(f), (g) or (h).
Note: For strict liability, see section 6.1 of the Criminal Code .
s 211F Aggravated offence--member of listed migratory species that is a dugong or turtle
(1) For the purposes of this Subdivision, an offence against section 211, 211A, 211B, 211C, 211D or 211E (the underlying offence ) is an aggravated offence if the member to which the underlying offence relates is a member of a species mentioned in paragraph 248(2)(f), (g) or (h).
Note: Dugong, marine turtles and leatherback turtles are members of the species mentioned in paragraphs 248(2)(f), (g) and (h), and on the day this section commenced, these species were listed migratory species.
(2) If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.
(3) Strict liability applies to the physical element of circumstance, that the member is a member of a species mentioned in paragraph 248(2)(f), (g) or (h).
Note: For strict liability, see section 6.1 of the Criminal Code .
s 254F Aggravated offence--member of listed marine species that is a dugong or turtle
(1) For the purposes of this Subdivision, an offence against section 254, 254A, 254B, 254C, 254D or 254E (the underlying offence ) is an aggravated offence if the member to which the underlying offence relates is a member of a listed marine species mentioned in paragraph 248(2)(f), (g) or (h).
Note: Dugong, marine turtles and leatherback turtles are the listed marine species mentioned in paragraphs 248(2)(f), (g) and (h).
(2) If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.
(3) Strict liability applies to the physical element of circumstance, that the member is a listed marine species mentioned in paragraph 248(2)(f), (g) or (h).
Note: For strict liability, see section 6.1 of the Criminal Code .
s 3A Increased penalty for conduct involving a turtle or dugong
If:
(a) a person commits an offence against subsection (3); and
(b) the conduct the person engaged in that constituted the offence resulted in the taking of or injury to an animal; and
(c) the animal is a member of a protected species; and
(d) the protected species is:
(i) a species in the genus Dugong (dugong); or
(ii) a species in the family Cheloniidae (marine turtles); or
(iii) the species Dermochelys coriacea (leatherback turtles);
then the number of penalty units set out in the penalty for the offence is tripled.
s 3B
If the prosecution intends to prove an offence against subsection (3) and rely on subsection (3A), the charge must also allege which subparagraph of paragraph (3A)(d) applies in relation to the animal.
s 38GA(9)
If:
(a) a person commits an aggravated offence against subsection 38BA(1) in relation to an animal because of subparagraph (1)(c)(i) of this section; and
(b) the animal is a member of:
(i) a species in the genus Dugong (dugong); or
(ii) a species in the family Cheloniidae (marine turtles); or
(iii) the species Dermochelys coriacea (leatherback turtles);
then the number of penalty units set out in the penalty for the aggravated offence is tripled.
s 38GB(6)
If:
(a) an individual or a body corporate contravenes subsection 38BB(1) or (2); and
(b) the contravention is an aggravated contravention in relation to an animal because of subparagraph (1)(c)(i) of this section; and
(c) the animal is a member of:
(i) a species in the genus Dugong (dugong); or
(ii) a species in the family Cheloniidae (marine turtles); or
(iii) the species Dermochelys coriacea (leatherback turtles);
then the number of penalty units set out in the relevant penalty for the aggravated contravention is tripled.
s 38GB(7)
If the Authority, on behalf of the Commonwealth, intends to prove that the person has committed an aggravated contravention and rely on subsection (6), the Authority's application to the Federal Court under section 61AIA in relation to the contravention must also specify which subparagraph of paragraph (6)(c) applies in relation to the animal.