Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) is a significant piece of Australian legislation designed to protect the environment and biodiversity, particularly by regulating activities that may harm listed threatened species and ecological communities. The Act provides for the protection of native flora, fauna, and their habitats, as well as the management of activities that may impact the environment. This legislative instrument amends the list of exempt native specimens established under section 303DB of the Act by including certain fish and invertebrate specimens taken in the South Australian Abalone Fishery, subject to specific conditions. The policy objective behind this amendment is to ensure that the fishing activities within this designated area comply with the legal framework, while still allowing for the sustainable management of these marine resources. The inclusion of these specimens is subject to strict conditions, including the requirement that they be taken lawfully and that the exemption is in place only until 21 June 2009. This legislative amendment is enacted by the Delegate of the Minister for the Environment and Heritage, pursuant to the powers conferred by the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies broadly to various entities and individuals involved in activities that may impact on matters of national environmental significance, including the trade and management of native specimens. This legislative instrument specifically amends the list of exempt native specimens under section 303DB of the EPBC Act to include certain specimens that are or are derived from fish or invertebrates taken in the South Australian Abalone Fishery. This inclusion is contingent upon the specimens not belonging to species listed under Part 13 of the Act, thereby excluding endangered or protected species from this exemption. The amendment is effective until 21 June 2009, subject to the condition that the specimens were taken lawfully. This legislative change thus applies to persons and entities involved in the abalone fishery within South Australia, ensuring compliance with both state and federal environmental protections while allowing for certain trade and use of abalone under specific conditions.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by modifying the list of exempt native specimens under section 303DB (1). Specifically, it includes specimens derived from fish or invertebrates taken in the South Australian Abalone Fishery, as defined under the South Australian Fisheries Act 1982 and the Scheme of Management (Abalone Fisheries) Regulations 1991. However, this inclusion is conditional and excludes specimens of species listed under Part 13 of the Act. The specimens are only exempt until 21 June 2009, and their exemption is contingent on two conditions: first, the specimens must be derived from fish or invertebrates taken lawfully, and second, they must be included on the list of exempt specimens until the specified date. Under this amendment, the Act imposes several obligations on parties or entities involved in the handling, trade, or possession of these specimens. Firstly, any specimens derived from the specified fishery must be taken in accordance with the relevant laws and regulations, ensuring they are harvested lawfully. Secondly, those who possess or trade in these specimens must ensure they are aware of their inclusion on the list of exempt specimens and understand the conditions and restrictions governing their exemption. These obligations are designed to maintain the integrity of the fishery management regime and ensure compliance with environmental protection laws. Failure to comply with the conditions and restrictions imposed by the legislative instrument may result in civil or criminal consequences. While the specific offences and penalties are not detailed in the instrument itself, under the Act, breaches can attract various sanctions. Civil penalties may include fines, and in some cases, criminal penalties can be imposed, which might involve imprisonment, particularly if the breach is deemed to be serious or repeated. The exact penalties would depend on the nature and severity of the breach, as well as the provisions of the Act and any relevant regulations.