Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, especially matters of national environmental significance, and to establish a framework for the sustainable use of natural resources. This Act was introduced to address the need for a comprehensive legislative approach to the protection of the environment, including biodiversity, and to provide a mechanism for the sustainable use of natural resources. The policy objective of the Act is to ensure that the protection of the environment and biodiversity is integrated into decision-making processes at all levels of government and by the private sector. The Minister for the Environment and Heritage, David Kemp, has exercised his powers under the Act to amend the list of exempt native specimens by including the southern rock lobster (Jasus edwardsii) with certain restrictions and conditions, effective until 31 October 2008. This amendment ensures that the harvesting of southern rock lobsters is conducted in a sustainable manner, in line with the Scheme of Management (Rock Lobster Fisheries) Regulations 1991 and the Fisheries (General) Regulations 2000 under the Fisheries Act 1982 (South Australia).

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended, governs the protection of the environment and the conservation of biodiversity in Australia. The legislation applies to individuals, corporations, and other entities involved in activities that may impact the environment or biodiversity. The Act extends to the Commonwealth jurisdiction and applies nationally, impacting industries such as fishing, forestry, and mining, among others, by regulating their conduct and transactions. The listed exemption of the southern rock lobster (Jasus edwardsii) from the provisions of the Act is subject to specific conditions and restrictions, including compliance with the Scheme of Management (Rock Lobster Fisheries) Regulations 1991 and the Fisheries (General) Regulations 2000 under the Fisheries Act 1982 of South Australia. This exemption is temporary, expiring on 31 October 2008. The Act's reach may be further extended or restricted through subordinate instruments, allowing for adaptive management of environmental protection and biodiversity conservation measures.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (Cth) by adding southern rock lobster (Jasus edwardsii) to the list of exempt native specimens under section 303DB (1). This inclusion, however, is subject to specific conditions (section 303DC(1)). The conditions are that the specimens must have been taken in accordance with the Scheme of Management (Rock Lobster Fisheries) Regulations 1991 and the Fisheries (General) Regulations 2000 under the Fisheries Act 1982 (South Australia) (section 303DC(1)(a)). Additionally, the exemption will expire on 31 October 2008 (section 303DC(1)(b)). The obligations imposed by this legislation are primarily on those entities involved in the management and regulation of the rock lobster fisheries. The specimens must comply with the specified regulations and conditions to be considered exempt from the provisions of the Act. This includes adherence to the Scheme of Management (Rock Lobster Fisheries) Regulations 1991 and the Fisheries (General) Regulations 2000 (section 303DC(1)(a)). These regulations govern the sustainable management and conservation of rock lobster fisheries, ensuring that any extraction of specimens is carried out in a manner that does not contravene environmental protection objectives. Breach of the conditions outlined in the legislative instrument may result in the specimens no longer being exempt from the Act's provisions, potentially leading to regulatory and enforcement actions. Although the specific penalties for breach are not detailed in this legislative instrument, under the Environment Protection and Biodiversity Conservation Act 1999, breaches can lead to significant civil or criminal penalties. For instance, unauthorised taking of native species can result in fines up to $222,000 for individuals and $1,110,000 for corporations, as well as potential imprisonment terms. The inclusion of the southern rock lobster in the list of exempt specimens is time-bound, expiring on 31 October 2008, which imposes a deadline for compliance with the specified conditions.