Amendment of List of Exempt Native Specimens - South Australia Lakes and Coorong Fishery (08/11/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to facilitate ecologically sustainable development through the conservation of biodiversity. This Act was introduced to address the need for a comprehensive legislative framework to manage and conserve Australia's unique biodiversity, ecosystems, and heritage sites. The Act was enacted by the Parliament of Australia, aiming to ensure that development and other activities do not have significant adverse impacts on the environment. This particular legislative instrument, issued under the authority of the Minister for the Environment, Heritage and the Arts, amends the list of exempt native specimens in accordance with Section 303DC of the EPBC Act. The policy objective is to facilitate the continued export of certain fish and invertebrate specimens taken in the South Australian Lakes and Coorong Fishery, subject to specific conditions, until 25 March 2009, while ensuring compliance with ecologically sustainable management practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies specifically to specimens of fish or invertebrates taken from the South Australia Lakes and Coorong Fishery, excluding those derived from species listed under Part 13 of the EPBC Act. This legislation exempts these specimens from the trade control provisions applicable to regulated native specimens, thereby allowing their continued export until 25 March 2009, provided they were taken lawfully. The geographic scope of this Act is limited to the South Australian Lakes and Coorong Fishery, defined under the Fisheries Management (Lakes and Coorong Fishery) Regulations 2006 and the Fisheries Management (General) Regulations 2007. The Act’s application is subject to consultation with relevant South Australian Ministers and departments, as well as public comment. The instrument, which amends the list of exempt native specimens, comes into effect on 25 November 2008.

Key Provisions

The key operative sections of this legislation pertain to the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). Specifically, section 303DB establishes the list of exempt native specimens, while section 303DC provides the mechanism for amending this list. This legislative instrument amends the list by including certain specimens derived from fish or invertebrates taken in the South Australian Lakes and Coorong Fishery, as defined by specific regulations (sections 303DC(1) and 303DC(3)). This inclusion is conditional upon the specimens being taken lawfully and is effective until 25 March 2009 (section 303DC(4)). Under this Act, the obligations imposed on parties or entities include ensuring that any specimens derived from fish or invertebrates taken in the specified fishery are lawfully obtained and that they comply with the listed conditions. This ensures the ecological sustainability of the fishery, as assessed by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. Additionally, the Minister for Environment, Heritage and the Arts is required to consult relevant stakeholders, including the South Australian Minister for Agriculture, Food and Fisheries and the Department of Primary Industries and Resources South Australia, before amending the list of exempt native specimens (section 303DC(3)). The Act does not explicitly detail offences or penalties for breach; however, violations of the EPBC Act generally may result in significant civil and criminal consequences. For instance, unauthorized trade in regulated native specimens can lead to substantial fines and imprisonment. In the context of this specific amendment, failure to comply with the lawful taking condition or the specified time frame could result in legal action under the broader provisions of the EPBC Act. Penalties for breaches under the EPBC Act can include fines of up to AUD 1.1 million for corporations and up to AUD 55,000 for individuals, as well as imprisonment for up to five years (section 528). It is also noteworthy that this legislative instrument is governed by the Legislative Instruments Act 2003 and came into effect on 25 November 2008 (section 3). This ensures that the changes to the list of exempt native specimens are implemented and monitored within the specified legal framework, thereby maintaining compliance and ecological integrity in the management of the South Australian Lakes and Coorong Fishery.