Amendment of List of Exempt Native Specimens South Australian Beach-cast Seagrass and Marine Algae Fishery (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, heritage, and biodiversity by establishing a framework for the assessment and approval of activities that may impact the environment. The Act was introduced to address the need for a cohesive legislative framework that ensures the protection of Australia's environment, cultural heritage, and native species. The EPBC Act is administered by the Commonwealth Government, with the Minister for the Environment, Heritage and Water having the authority to make amendments to the Act. This particular legislative instrument concerns the amendment of the list of exempt native specimens under the EPBC Act. The policy objective is to ensure that native specimens are managed in a sustainable manner, preventing over-exploitation and degradation of native ecosystems. The amendment removes specific specimens taken by Australian Kelp Products Pty Ltd between April and July 2013 from the list of exempt native specimens, reflecting a change in the management and conservation approach for these specimens.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and conduct across Australia, aiming to protect and manage the nation's environment and biodiversity. The Act applies to all individuals, businesses, and government entities engaging in activities that may impact the environment, particularly those involving listed threatened species, ecological communities, and other matters of national environmental significance. The geographic scope of the Act is national, meaning it applies across the Commonwealth of Australia, including its territories, and it extends to activities outside Australia's jurisdiction if they impact on matters of national environmental significance. The Act provides exemptions and thresholds for certain activities, which are detailed in subordinate legislation and regulations. However, the specific amendment detailed in Gazette C2013G01528 concerns the removal of an exemption for specimens taken by Australian Kelp Products Pty Ltd under specific conditions, which was previously included in the list of exempt native specimens. This amendment reflects a change in the regulatory approach to managing the impact of certain activities on native flora and fauna.

Key Provisions

The main operative section of this legislative amendment is the alteration of the List of Exempt Native Specimens under section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, this amendment, issued by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, removes the exemption previously granted to specimens taken by Australian Kelp Products Pty Ltd during a specified period (sections 303DC(1) and 303DB). The exemption, which was previously in place for specimens collected between April and July 2013, is being revoked due to the particular circumstances of the collection, which occurred under licenses issued by the Department of Primary Industries and Regions South Australia for the South Australian Beach-cast Seagrass and Marine Algae Fishery. The Act imposes certain obligations on the entities it governs, ensuring that they comply with the regulatory requirements set forth by the Minister for the Environment, Heritage and Water. This includes adhering to the licensing processes outlined in the Fisheries Management Act 2007 and the Fisheries Management (Miscellaneous Fishery) Regulations 2000. By revoking the exemption for the specified specimens, the Act mandates that Australian Kelp Products Pty Ltd, and any other entities similarly situated, must now comply with all applicable provisions of the EPBC Act when collecting native specimens. This ensures that the collection and use of native specimens are monitored and regulated to protect the biodiversity and environment. Failure to comply with the provisions of the EPBC Act, including the revocation of exemptions, can result in various civil and criminal consequences. Although the specific penalties are not detailed in this particular legislative instrument, the Act generally provides for penalties that can include fines and, in severe cases, imprisonment. The precise nature and extent of these penalties depend on the specific provisions of the Act that are breached and the severity of the breach. Given the regulatory oversight by the Minister for the Environment, Heritage and Water, non-compliance could lead to enforcement actions, investigations, and potential prosecution under the relevant sections of the EPBC Act.