Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. One of its key functions is the regulation of trade in native specimens, ensuring that this trade does not pose a risk to the conservation of biodiversity. The Act was introduced to address the need for a comprehensive legal framework to protect Australia's unique biodiversity and ecosystems from potentially harmful activities and trade. The EPBC Act is administered by the Commonwealth Government, and the policy objective is to ensure that environmental considerations are integrated into decision-making processes that may impact biodiversity. The legislative instrument F2015L00524 amends the list of exempt native specimens under Section 303DC of the EPBC Act to exclude certain specimens derived from the South Australian Blue Crab Fishery, thereby tightening the regulation of trade in these specimens to better protect marine biodiversity. This change was made after appropriate consultations, as required by Subsection 303DC(3) of the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the regulation of activities and entities that may impact on matters of national environmental significance, including the trade of native specimens. Section 303DB of the EPBC Act provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. This particular legislative instrument amends the list of exempt native specimens by removing those that are or are derived from fish or invertebrates taken in the South Australian Blue Crab Fishery, except those belonging to species listed under Part 13 of the EPBC Act. This amendment applies to the geographic area defined by the South Australian Blue Crab Fishery, as outlined in the Fisheries Management (Blue Crab Fishery) Regulations 1998 and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2006 under the Fisheries Management Act 2007 (South Australia). The legislative instrument was made after appropriate consultation with relevant stakeholders, including the Department of Primary Industries and Resources, South Australia. The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a list of exempt native specimens under Section 303DB, which are exempt from trade control provisions applicable to regulated native specimens. Section 303DC allows for amendments to this list. This legislative instrument amends the list by removing certain specimens from it. Specifically, it removes specimens that are or are derived from fish or invertebrates, excluding those that belong to species listed under Part 13 of the EPBC Act, taken in the South Australian Blue Crab Fishery as defined in the Fisheries Management (Blue Crab Fishery) Regulations 1998 and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2006 in force under the Fisheries Management Act 2007 (South Australia). The obligations imposed by this Act require the Minister for the Environment to consult with appropriate ministers and other relevant parties before making any amendments to the list of exempt native specimens. In this instance, the Delegate of the Minister for the Environment consulted with the Department of Primary Industries and Resources, South Australia, due to its management responsibilities over the fishery. This ensures that the amendment process is thorough and considers all relevant stakeholders. The legislative instrument is binding and commenced on the day after it was registered on the Federal Register of Legislative Instruments, signifying its immediate legal effect. The Act does not specify any offences, penalties, or civil/criminal consequences for breach in this context. However, non-compliance with the amended trade control provisions for specimens previously exempt could lead to penalties under the EPBC Act or other related legislation, depending on the specific circumstances. The Act itself outlines potential penalties for breaches of its provisions, including fines and imprisonment, but these are not explicitly detailed in the context of this legislative instrument. The legal consequences for non-compliance would depend on the specific nature and severity of the breach.