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 taken by Australian Kelp Products Pty Ltd between June to December 2014 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),
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 08 May 2015.
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 Australian environment, including its biodiversity and its heritage places, by preventing the impact of key actions on the environment. The Act addresses the problem of the unsustainable exploitation and trade of native species, including those listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), through stringent control mechanisms and licensing requirements. Pursuant to the authority granted under the EPBC Act, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, acting as a delegate of the Minister for the Environment, amended the list of exempt native specimens to include specimens taken by Australian Kelp Products Pty Ltd between June and December 2014, subject to specific conditions that ensure the specimens were taken lawfully and are included until 08 May 2015. This amendment aims to facilitate the sustainable use of marine resources while ensuring compliance with Australia's obligations under CITES.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and conduct across the Commonwealth of Australia, governing the protection of the environment and the conservation of biodiversity. This particular amendment to the list of exempt native specimens pertains to specimens taken by Australian Kelp Products Pty Ltd between June and December 2014 under specific licenses issued by the Department of Primary Industries and Regions South Australia. This amendment is subject to certain conditions: the specimens must have been taken lawfully, and their inclusion on the list is conditional until 8 May 2015. The jurisdictional reach of this amendment is federal, reflecting the Commonwealth's responsibility under the EPBC Act for managing activities that may impact the environment and biodiversity. The amendment excludes other specimens not taken under the specified licenses and time frame, and it adheres to Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Furthermore, this amendment can be subject to subordinate instruments that further define the application and implementation of the EPBC Act.
Key Provisions
The primary operative sections of this amendment involve the inclusion of certain specimens into the list of exempt native specimens under section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, specimens taken by Australian Kelp Products Pty Ltd between June and December 2014 are now listed, subject to specific conditions (s. 303DC(1)). These specimens must have been obtained lawfully and are included in the list until 08 May 2015. This amendment aims to regulate and ensure compliance with the legal acquisition and handling of marine algae and seagrass taken during the specified period.
The Act imposes several obligations on the parties it governs. Firstly, it mandates that the specimens included in the list must have been taken lawfully, which means they must comply with all relevant state and federal regulations. This includes adherence to the 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 under the Fisheries Management Act 2007 (South Australia). Additionally, the inclusion of these specimens in the list is subject to the aforementioned conditions, ensuring transparency and compliance with international standards.
Breach of the conditions or obligations set forth in the Act may result in significant legal consequences. Although the document does not specify particular offences or penalties, the Administrative Appeals Tribunal Act 1975 provides recourse for those whose interests are affected by this decision. Affected parties may apply for a statement of reasons within 28 days of the date of the declaration and seek independent review by the Administrative Appeals Tribunal, also within 28 days. Failure to comply with these provisions may lead to further legal actions or penalties as determined by the relevant authorities. Additionally, Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are addressed through Part 13A of the EPBC Act, which ensures that any export of listed specimens adheres to international standards and non-detriment findings.