Amendment of List of Exempt Native Specimens - South Australian Beach-Cast Marine Algae Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment, particularly biodiversity and matters of national environmental significance, by regulating activities that may impact these areas. This Act provides a framework for the protection and management of native species and ecosystems through various mechanisms, including the regulation of trade in native specimens. The 2015 amendment, Gazetted as C2015G00912, pertains to the inclusion of specific specimens in the list of exempt native specimens under section 303DB of the EPBC Act. The amendment was made by Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, under the authority granted by subsection 303DC(1) of the EPBC Act. The policy objective of this amendment is to facilitate the lawful trade of certain fish and invertebrate specimens derived from the South Australian Beach-Cast Marine Algae Fishery, while ensuring that these activities comply with the broader environmental protections provided by the EPBC Act. This amendment aims to balance the needs of the fishery industry with the conservation of native species and ecosystems.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to various entities and individuals involved in activities that may impact the environment, including the trade of native specimens. The Act's jurisdiction spans the entire Commonwealth of Australia, and its provisions apply to both natural and legal persons, as well as entities engaged in activities that may affect protected matters. In the case of the amendment concerning the list of exempt native specimens, the Act applies specifically to specimens derived from fish or invertebrates taken by the Miscellaneous Fishery licence Y078 within the South Australian Beach-Cast Marine Algae Fishery. The inclusion of these specimens in the list of exempt native specimens is contingent on certain conditions, such as the lawful taking of the specimens and the coverage of these specimens by a declaration of an approved wildlife trade operation. The amendment is subject to the geographic scope of the specified fishery in South Australia and the regulatory framework established under the Fisheries Management Act 2007. Any further application or restrictions are determined through subordinate instruments under the authority of the EPBC Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is being amended under section 303DC(1) to adjust the list of exempt native specimens. This amendment (Section 303DB) specifically adds specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken by the Miscellaneous Fishery licence Y078 in the South Australian Beach-Cast Marine Algae Fishery. This addition comes with specific conditions: the specimens must be taken lawfully, and they must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery. The changes are effective from the date of the amendment, which is the 3rd of June 2015. Under the amended Act, certain obligations and requirements are imposed on the parties involved. Firstly, the specimens must be taken lawfully, which implies adherence to the relevant fishing regulations and permissions. Secondly, the specimens must be part of a declared approved wildlife trade operation. This means that the operations must meet the criteria set out in section 303FN of the EPBC Act, ensuring that the trade of these specimens does not negatively impact the environment or biodiversity. The requirement to have an approved operation also ensures that there is oversight and monitoring of the trade activities, thus maintaining compliance with environmental standards. The legislation also outlines potential consequences for non-compliance. Breach of the conditions specified in the amendment could lead to various penalties. While the specific penalties are not detailed in the provided text, under the EPBC Act, breaches can generally result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment. The exact nature and severity of the penalties would depend on the specific breach and the discretion of the court. It is important for the parties involved to ensure strict adherence to the conditions to avoid these consequences.