Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is an Australian legislative framework designed to protect the nation's environment and biodiversity. The Act was enacted to address the need for comprehensive environmental protection, particularly concerning the management and conservation of native species and ecosystems. This legislative instrument amends the list of exempt native specimens under Section 303DB of the EPBC Act, thereby allowing for the inclusion of certain specimens from the South Australian Blue Crab Fishery and Marine Scalefish Fisheries, subject to specific conditions and restrictions. The policy objective is to facilitate the export of these specimens until a designated date while ensuring that the ecological sustainability of the fisheries is maintained in accordance with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The amendment process involved consultation with relevant state authorities, specifically the Department of Primary Industries and Resources in South Australia, as mandated by the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment, represented by legislative instrument F2015L00523, applies specifically to specimens of fish and invertebrates taken in the South Australian Blue Crab Fishery and Marine Scalefish Fisheries, as defined in relevant South Australian fisheries regulations. These specimens are to be included in the list of exempt native specimens under the EPBC Act, exempting them from the trade control provisions that apply to regulated native specimens. The amendment applies to entities and individuals involved in the trade of these specimens within the specified fisheries. The instrument's geographic reach is national, as the EPBC Act is a Commonwealth Act that applies across Australia. However, the specific impact and application are limited to the fisheries in South Australia. The inclusion in the list of exempt specimens is subject to the condition that the specimens were taken lawfully and is effective until 4 December 2015. The amendment does not apply to specimens belonging to species listed under Part 13 of the EPBC Act, which are already subject to stricter regulations. The amendment is subject to consultation requirements stipulated in the EPBC Act, which in this case involved consultation with the Department of Primary Industries and Resources, South Australia.

Key Provisions

The key provisions of this legislative instrument (F2015L00523) involve the amendment of the List of Exempt Native Specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DC). Specifically, it includes specimens that are or are derived from fish or invertebrates, taken in the South Australian Blue Crab Fishery and the Fisheries Management (Marine Scalefish Fisheries) under the Fisheries Management Act 2007 (South Australia), in the list of exempt native specimens. This inclusion is subject to the conditions that the specimens were taken lawfully and are included in the list until 4 December 2015. The Act imposes certain obligations and requirements on parties and entities governed by it. For instance, it mandates that specimens included in the list must be taken lawfully, as specified by the Fisheries Management Act 2007 (South Australia). Additionally, the Minister for the Environment must consult with appropriate Commonwealth and state ministers, as well as other relevant persons and organisations, before amending the list. In this case, consultation was conducted with the Department of Primary Industries and Resources, South Australia, given its management responsibilities for the fishery. There are no specific offences, penalties, or civil/criminal consequences mentioned for breaches of this instrument. However, it is implied that any unlawful taking of specimens would be subject to penalties under the Fisheries Management Act 2007 (South Australia). The inclusion in the list of exempt native specimens is explicitly limited to 4 December 2015, and any failure to adhere to this condition could result in the specimens no longer being exempt from the trade control provisions of the EPBC Act.