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 deleting from the list the following item that was included in the list on 13 September 2013 and any associated notations:
specimens taken by Australian Kelp Products Pty Ltd between April and July 2013 inclusive, under licences issued by the Department of Primary Industries and Regions South Australia for the South Australian Beach-cast Seagrass and Marine Algae Fishery as defined in the Fisheries Management (Miscellaneous Fishery) Regulations 2000 in force under the Fisheries Management Act 2007 (South Australia).
Dated this 11th day of March 2015
….……………………Paul Murphy……………………………
Delegate of the Minister for the Environment
Notes:
Under the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision. An application for a statement of reasons may be made in writing to the Department of the Environment within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Appeals Tribunal on payment of the relevant fee within 28 days of the date of the declaration, or if reasons are sought, within 28 days of receipt of reasons. Further information may be obtained from the Director, Sustainable Fisheries Section.
Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non detriment finding for that species. Further information, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from http://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, through a combination of regulation and strategic assessment. This Act was introduced to address the need for a cohesive framework that addresses environmental protection in an integrated and sustainable manner, ensuring that development and resource use do not significantly impact the environment. Enacted by the Parliament of Australia, the policy objective of the EPBC Act is to safeguard Australia's biodiversity and manage its environmental responsibilities at both national and international levels, particularly under conventions such as CITES. This legislative amendment, made by the Minister for the Environment's delegate, specifically targets the list of exempt native specimens to ensure compliance with Australia's obligations under CITES and to maintain the integrity of the nation's environmental protections.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of native specimens and the management of their export under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This legislative amendment pertains specifically to the removal of certain specimens taken by Australian Kelp Products Pty Ltd between April and July 2013 from the list of exempt native specimens. These specimens were originally included in the list under licenses issued by the Department of Primary Industries and Regions South Australia for the South Australian Beach-cast Seagrass and Marine Algae Fishery, as defined in the Fisheries Management (Miscellaneous Fishery) Regulations 2000. This amendment impacts the entities involved in the South Australian fishery and any individuals or businesses exporting these specimens. The amendment's geographic reach is national, as the EPBC Act applies throughout Australia, and it is administered by the Commonwealth government. The decision can be reviewed under the Administrative Appeals Tribunal Act 1975, with applications for review or reasons to be made within 28 days of the declaration. The Act's application may also be extended or restricted through subordinate instruments, ensuring compliance with Australia's CITES obligations.
Key Provisions
The primary section of the EPBC Act (section 303DC(1)) allows the Minister for the Environment to delegate the power to amend the list of exempt native specimens. Section 303DB establishes the list of exempt native specimens. The specific amendment, as detailed in the document, removes certain specimens taken by Australian Kelp Products Pty Ltd between April and July 2013 from this list. These specimens were collected under licences issued by the Department of Primary Industries and Regions South Australia for the South Australian Beach-cast Seagrass and Marine Algae Fishery, as defined under the Fisheries Management Act 2007 (South Australia).
Entities and individuals governed by this Act, particularly Australian Kelp Products Pty Ltd, now need to comply with the amended list and ensure that any future collection of these specimens requires the appropriate permits and authorisations. The Department of Primary Industries and Regions South Australia also has a role in ensuring that the collection of these specimens adheres to the updated regulatory framework. The Fisheries Management Act 2007 (South Australia) continues to govern the broader operations of the fishery, but the specific exemption for these specimens has been revoked.
Breaches of the amended regulations can lead to both civil and criminal consequences. The Act does not specify exact penalties within the document, but generally, under the EPBC Act, offences can attract significant fines. For example, exporting native specimens without the appropriate permits could result in fines of up to $324,000 for individuals and $1.62 million for corporations, as per section 474. Additionally, the Administrative Appeals Tribunal Act 1975 provides avenues for those aggrieved by the decision to seek a review, including the option to request a statement of reasons within 28 days of the declaration and apply for independent review within the same timeframe or after receiving reasons. Failure to adhere to these timelines may result in the loss of the right to appeal.