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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the problem of conserving Australia's biodiversity and managing its environmental impact. The Act provides a framework for the protection of the environment, heritage places, and wildlife. It was introduced by the Australian Parliament to fill a gap in the protection of native species and ecosystems, particularly those that are at risk due to human activities and climate change. The policy objective of the EPBC Act is to ensure that development and other activities do not significantly harm the environment, including its biodiversity. The legislative instrument published in the Gazette on 6 September 2013 amends the list of exempt native specimens under the EPBC Act. This amendment, made by the delegate of the Minister for the Environment, Heritage and Water, includes specimens taken by Australian Kelp Products Pty Ltd between April and July 2013. These specimens were taken under specific licences issued by the Department of Primary Industries and Regions South Australia. The inclusion in the list is subject to certain conditions, including the lawful taking of the specimens and their inclusion in the list until 14 October 2013. This amendment aims to ensure that the activities of the company do not significantly impact the protected species, thereby aligning with the overarching policy objectives of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities and entities that have the potential to impact on matters of national environmental significance, including native species and ecosystems. This Act operates at the Commonwealth level and provides a framework for the protection of the environment, particularly with respect to biodiversity conservation. The legislation extends to the regulation of activities involving native specimens, including the trade, transport, and collection of these specimens. In this context, the amendment to the list of exempt native specimens pertains specifically to specimens taken by Australian Kelp Products Pty Ltd under certain conditions and timeframes, as detailed in the Gazette. The amendment applies to specimens taken between April and July 2013 inclusive, under licenses issued by the Department of Primary Industries and Regions South Australia for the South Australian Beach-cast Seagrass and Marine Algae Fishery. This inclusion in the list is conditional on the lawful taking of the specimens and is time-bound, expiring on 14 October 2013. The Act allows for the extension or restriction of its application through subordinate instruments, thereby providing flexibility in its enforcement and interpretation.

Key Provisions

The main operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303DC(1) and 303DB) pertain to the addition of certain specimens to the list of exempt native specimens. Specifically, specimens taken by Australian Kelp Products Pty Ltd between April and July 2013, under specific licences issued by the Department of Primary Industries and Regions South Australia, are included in this list. The inclusion of these specimens is subject to certain conditions. Firstly, the specimens must have been taken lawfully, which means they must comply with all relevant fishing regulations and permissions. Secondly, the inclusion is temporary, lasting until 14 October 2013. The obligations and requirements imposed by this amendment on the parties involved are relatively straightforward. Australian Kelp Products Pty Ltd must ensure that the specimens they collect are lawful and comply with the terms specified in the amendment. This includes adhering to the specified time frame of April to July 2013 and ensuring that the specimens are included in the list of exempt native specimens as long as they meet the conditions outlined. The Department of Primary Industries and Regions South Australia is responsible for issuing the licences under which these specimens are collected and must ensure that these licences are valid and the fishing activities are conducted in compliance with the regulations. Any breach of the conditions specified in this amendment may result in various consequences. The specific offences, penalties, or civil and criminal consequences are not detailed in the provided text. However, under the EPBC Act, breaches can generally lead to enforcement actions by the relevant authorities, including fines, prosecution, and other regulatory measures. The maximum penalties for offences under the EPBC Act can vary widely depending on the severity of the breach and the specific provisions of the Act that are contravened. It is essential for parties involved to comply with the conditions to avoid any legal repercussions.