Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in areas related to biodiversity conservation and the management of activities that have a significant impact on the environment. This Act aims to address the problem of unregulated trade in native specimens, which could lead to biodiversity loss and environmental degradation. The Australian Parliament enacted the EPBC Act to ensure that activities impacting the environment are assessed and managed effectively. The policy objective is to maintain and enhance Australia's biodiversity and natural heritage by regulating activities that could adversely affect the environment. This legislative instrument, F2014L00567, amends the list of exempt native specimens under the EPBC Act. It revokes previous conditions on specimens derived from fish or invertebrates taken in the South Australia Lakes and Coorong Fishery, thereby allowing continued export of these specimens until 21 May 2015, provided they were taken lawfully. The amendment reflects the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring the management of fisheries remains ecologically sustainable. The Minister for the Environment consulted with relevant stakeholders, including the Department of Primary Industries and Resources South Australia, before making this amendment.

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 to fish and invertebrate specimens taken in the South Australia Lakes and Coorong Fishery, provided they are not from species listed under Part 13 of the EPBC Act. This legislative instrument amends the conditions under which these specimens are exempt from trade control provisions, specifically by revoking previous conditions and imposing new ones that require the specimens to be taken lawfully and remain exempt until 21 May 2015. The Act extends to the whole of Australia, governing the environmentally sustainable management of fisheries as per the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. Before making this amendment, the Minister for the Environment consulted with relevant authorities, including the Department of Primary Industries and Resources South Australia, ensuring that the changes align with sustainable fishery management practices. This legislative instrument is a formal instrument under the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this instrument are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB allows for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC, relevant in this context, provides the mechanism for amending the list of exempt native specimens. This instrument specifically revokes the conditions previously imposed on the inclusion of certain fish and invertebrate specimens in the list of exempt native specimens (section 303DC(3)), and imposes new conditions, namely that the specimens must be taken lawfully and will remain exempt until 21 May 2015. The obligations imposed by this instrument primarily concern the lawful taking of specimens. It is mandatory for any specimens to be taken lawfully within the South Australia Lakes and Coorong Fishery as defined in the Fisheries Management (Lakes and Coorong Fishery) Regulations 2006 and the Fisheries Management (General) Regulations 2007 under the Fisheries Management Act 2007 (South Australia). Additionally, the specimens must be included in the list of exempt native specimens until 21 May 2015, ensuring that their export continues without the constraints imposed by the EPBC Act’s trade control provisions. In terms of breaches and penalties, the EPBC Act does not explicitly outline specific offences, penalties, or consequences for breaching the conditions of the list of exempt native specimens. However, any failure to comply with the lawful taking of specimens or any other regulatory requirements under the EPBC Act may result in enforcement actions, which can include fines, legal proceedings, or other administrative penalties. The severity of these penalties would depend on the specific circumstances of the breach and the discretion of the relevant authorities enforcing the Act. This legislative instrument is underpinned by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, which were considered in the decision to include the specimens in the list of exempt native specimens. By consulting with the Department of Primary Industries and Resources South Australia, the Minister for the Environment ensured that the decision was informed by the relevant management responsibilities and ecological sustainability criteria. The instrument commenced on the day after its registration on the Federal Register of Legislative Instruments, thereby becoming effective immediately upon registration.