Overview

The Environment Protection and Biodiversity Conservation Act 1999, as amended by F2015L01924, seeks to address the need for updating the list of exempt native specimens in line with the ecological sustainability of certain fisheries managed in South Australia. This legislative instrument, introduced to streamline the trade of specimens from specified fisheries, aims to align with the Australian Government’s guidelines for the ecologically sustainable management of fisheries. The Act, enacted by the Parliament of Australia, enables the Minister for the Environment to amend the list of exempt native specimens, subject to consultation with relevant stakeholders. This amendment includes the removal and addition of certain specimens from the list, subject to conditions such as lawful taking and a ten-year extension of export approval, reflecting the low ecological risk associated with these fisheries. The policy objective is to ensure that trade in these specimens is managed in a way that is consistent with ecological sustainability, while also providing clarity and reducing administrative burdens for stakeholders involved in these fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument, made under section 303DC, pertains to the management of native specimens within specific South Australian fisheries. This legislation applies to entities and individuals involved in the trade and management of native specimens, particularly within the five fisheries managed by the Department of Primary Industries and Regions South Australia. These fisheries include the Abalone, Blue Crab, Giant Crab, Prawn Trawl, and Rock Lobster fisheries. The Act exempts certain specimens from the trade control provisions applicable to regulated native specimens, subject to conditions that the specimens were taken lawfully and that they are included in the list of exempt native specimens until 25 July 2025. The instrument simplifies the description of these specimens and extends the export approval until the specified date. The jurisdictional reach of this Act is national, as it concerns the management of native specimens under the Commonwealth's EPBC Act. The instrument does not specify any exclusions or thresholds, but the inclusion of specimens in the list is contingent on compliance with the management criteria set by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Key Provisions

The main operative sections of this legislation (F2015L01924) concern the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DC of the Act allows the Minister for the Environment to amend the list of exempt native specimens, and this legislative instrument implements that authority by deleting and adding certain specimens (subsection 303DB). These changes apply to specimens taken from five fisheries managed by the Department of Primary Industries and Regions South Australia, which include the Abalone Fishery, Blue Crab Fishery, Giant Crab Fishery, Prawn Trawl Fisheries, and Rock Lobster Fishery. The amendments simplify the description of the specimens and extend their export approval until 25 July 2025. The decision to include these specimens in the list is based on the Australian Government's 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition,' which establish criteria for the ecological sustainability of fisheries management arrangements. This Act imposes certain obligations and requirements on the parties and entities it governs. The Minister for the Environment must consult with relevant Commonwealth and state/territory ministers and agencies before amending the list of exempt native specimens. This includes consultation with the Department of Primary Industries and Regions South Australia, which has management responsibilities for the fisheries concerned. The Minister may also consult with other persons and organisations deemed appropriate. Furthermore, there was an extensive consultation process involving fisheries ministers, fisheries management agencies, conservation organisations, and peak fishing industry associations, allowing them to comment on the proposed reforms. The legislation also outlines consequences for non-compliance. While specific offences, penalties, or civil/criminal consequences are not detailed in the text, breaches of the EPBC Act, including the provisions related to the trade control of native specimens, can result in significant penalties. For instance, unauthorised dealings in regulated native specimens can lead to substantial fines and imprisonment. The maximum penalties for offences under the EPBC Act can vary depending on the severity of the breach, but they can include fines of up to $222,000 for individuals and $1,110,000 for corporations, along with potential imprisonment terms. The Act ensures that the trade of native specimens is controlled to protect biodiversity and adhere to ecological sustainability guidelines.