Amendment of List of Exempt Native Specimens - SA Lakes and Coorong Fishery (15/05/2014)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment, particularly in relation to matters of national environmental significance. The Act was introduced to provide a legal framework for the protection and management of the environment, including native flora and fauna, threatened species, and ecological communities. This legislation was established by the Commonwealth Parliament with the primary policy objective of conserving biodiversity and managing the impact of human activities on the environment. The Act has been amended over the years to refine and update the protections afforded under the legislation. In this instance, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, has amended the list of exempt native specimens under the EPBC Act to adjust the conditions pertaining to specimens taken in the South Australia Lakes and Coorong Fishery. This amendment ensures that the specimens remain exempt from certain prohibitions and controls until a specified date, provided they are taken lawfully.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation that applies to the protection of the environment and biodiversity in Australia. It operates on a Commonwealth level and governs the actions and conduct of individuals and entities involved in activities that may impact the environment or biodiversity. In this context, the Act specifically targets the trade and handling of native specimens, including fish and invertebrates, to ensure that these activities are conducted in a sustainable and lawful manner. The recent amendment to the list of exempt native specimens pertains to specimens taken from the South Australia Lakes and Coorong Fishery. This amendment modifies the conditions under which these specimens are exempt, stipulating that they must have been taken lawfully and that the exemption applies until 21 May 2015. This change is instrumental in maintaining the regulatory framework designed to protect and conserve Australia's biodiversity while allowing for certain activities to proceed under controlled conditions.

Key Provisions

The key provisions of the amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s 303DC) involve the alteration of the list of exempt native specimens. Specifically, the amendment revokes the conditions under which certain fish and invertebrate specimens, taken from the South Australia Lakes and Coorong Fishery, were included in the list of exempt specimens as of 24 May 2011 (s 303DB). It imposes new conditions that these specimens must be derived from fish or invertebrates lawfully taken and that their inclusion in the list will be valid until 21 May 2015. The Act imposes several obligations and requirements on the parties involved. Firstly, it mandates that any specimens taken from the specified fishery must be derived from fish or invertebrates that were lawfully taken (s 303DB). This ensures compliance with relevant fishing regulations and helps maintain the integrity of the fishery management system. Additionally, the specimens must be included in the list of exempt specimens until the specified date, 21 May 2015, after which the amendment's conditions will no longer apply. In terms of enforcement and consequences, the EPBC Act provides for various offences and penalties for breaches. While the specific provisions of the Act itself detail these, generally, any contravention of the Act's provisions can lead to both civil and criminal penalties. Civil penalties can include substantial fines, and in severe cases, criminal penalties may apply, which could involve imprisonment. The exact penalties depend on the nature and severity of the breach, as well as other jurisdictional considerations. It is important to adhere strictly to the conditions outlined in the Act to avoid these potential consequences.