Amendment of List of Exempt Native Specimens - South Australia Lakes and Coorong Fishery (24/03/2009)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for comprehensive environmental protection and biodiversity conservation measures. The Act aims to provide a framework for the protection of the environment, including native species and ecosystems, from the impacts of developments and activities. The Act was introduced to fill the gap in Australia's environmental protection framework by providing a national approach to environmental conservation and management, complementing state and territory laws. The EPBC Act Amendment of the List of Exempt Native Specimens in accordance with Section 303DC, issued under the authority of the Minister for the Environment, Heritage and the Arts, aims to facilitate the continued export of certain native specimens derived from fish or invertebrates taken in the South Australia Lakes and Coorong Fishery until 27 May 2009, while ensuring that these activities are conducted in an ecologically sustainable manner. The decision to include these specimens on the list was made in consultation with relevant state authorities and after considering public comments, aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment instrument, F2009L01183, pertains to the inclusion of specific specimens to the list of exempt native specimens under Section 303DC. This Act applies to fish and invertebrate specimens taken in the South Australian Lakes and Coorong Fishery, provided they are not from species listed under Part 13 of the EPBC Act. The specimens must be taken lawfully and are included on the list of exempt specimens until 27 May 2009, facilitating continued export within this period. The jurisdictional scope of this amendment is primarily within the South Australian Lakes and Coorong Fishery, governed by the Fisheries Management Act 2007 and its subsidiary regulations. This legislative instrument, issued under the authority of the Minister for the Environment, Heritage and the Arts, follows consultation with relevant South Australian authorities and public comment, aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Key Provisions

The primary sections of this legislative instrument, F2009L01183, relate to the amendment of the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This amendment (Section 303DB) pertains specifically to the inclusion of certain fish and invertebrate specimens taken within the South Australia Lakes and Coorong Fishery. These specimens, which are derived from lawful catches, are to be exempt from trade control provisions applicable to regulated native specimens. This exemption is valid until 27 May 2009 and is contingent upon the specimens being taken in accordance with the Fisheries Management (Lakes and Coorong Fishery) Regulations 2006 and the Fisheries Management (General) Regulations 2007, both of which are in force under the Fisheries Management Act 2007 of South Australia. In terms of obligations and requirements, the Act mandates that the Minister for Environment, Heritage and the Arts must consult with relevant Ministers, including those from each state and territory, and other appropriate persons and organizations before amending the list of exempt native specimens. In this instance, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the South Australian Minister for Agriculture, Food and Fisheries and the Department of Primary Industries and Resources South Australia, given their management responsibilities over the relevant fishery. Furthermore, the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts (DEWHA) website, inviting public comment for a period of 20 days. All received comments were considered in the decision to include the fishery on the list of exempt native specimens. The legislation does not explicitly outline offences, penalties, or civil/criminal consequences for breach within this specific amendment. However, under the broader scope of the EPBC Act, violations related to the trade and handling of native specimens could result in substantial fines and potential imprisonment. The penalties for breaches of the EPBC Act can vary significantly depending on the severity of the offence, with maximum fines for corporations reaching up to $210,000 and individuals facing fines up to $42,000. Additionally, individuals found guilty of more serious offences could face imprisonment for up to five years. The specific penalties applicable in this context would be determined by the nature and extent of the breach in relation to the trade control provisions of the Act.