Amendment of List of Exempt Native Specimens - South Australian Marine Scalefish Fishery (23/01/2015) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly with respect to matters of national environmental significance. In an effort to address the problem of ensuring the sustainable use of native species, the EPBC Act includes provisions for the regulation of native specimens, including the establishment of a list of exempt native specimens. Pursuant to the EPBC Act, the Commonwealth Parliament delegates authority to the Minister for the Environment, who in turn delegates this authority to specific officials to manage and update this list as necessary. The policy objective underpinning these amendments is to ensure that native species are not overexploited and that their conservation status is safeguarded. The Gazetted amendment dated 23 January 2015 by Paul Murphy, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, removes certain specimens from the list of exempt native specimens, reflecting a shift in policy to enhance the protection of marine biodiversity within the South Australian Marine Scalefish Fishery.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any person or entity engaging in activities that have a significant impact on matters of national environmental significance, including native flora, fauna, ecological communities, and heritage places. This Act operates at a national level, governing actions across all states and territories of Australia. In the case of the listed amendments, the Act specifically addresses the regulation of native specimens derived from fish or invertebrates, with a particular focus on those taken in the South Australian Marine Scalefish Fishery. The exclusion pertains to specimens belonging to species listed under Part 13 of the EPBC Act, which includes threatened species and ecological communities. This amendment, dated 23 January 2015, removes certain exemptions previously granted for specimens taken in this fishery, thereby tightening regulatory oversight. The Act's application can be further extended or restricted through subordinate instruments, such as regulations or determinations, which may provide additional detail or clarification on specific activities or exemptions.

Key Provisions

The key provision of this legislation (section 303DC(1)) allows for the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, this amendment (section 303DB) removes certain specimens from the list of exempt native specimens. The specimens that are being removed from the list are those that are, or are derived from, fish or invertebrates taken in the South Australian Marine Scalefish Fishery, except for those that belong to species listed under Part 13 of the EPBC Act. This change was made effective from 28 February 2014. The obligations imposed by this amendment are primarily on those involved in the South Australian Marine Scalefish Fishery. The removal of the exemption means that these individuals or entities must now comply with the requirements of the EPBC Act for the fish or invertebrate specimens they handle, unless those specimens belong to species listed under Part 13 of the Act. This could include obtaining necessary permits, adhering to specific management practices, and ensuring that their activities do not negatively impact the conservation of biodiversity. Failure to comply with the provisions of the EPBC Act can result in various consequences. Under the Act, there are both civil and criminal penalties for breaches. Civil penalties can include fines of up to $66,600 for individuals and up to $333,000 for corporations, as stipulated in section 528 of the Act. Criminal penalties can include imprisonment, with maximum penalties varying depending on the severity of the offence. For example, under section 529, a person can be fined up to $66,600 and/or imprisoned for up to two years for a minor offence, while more serious breaches can lead to fines of up to $666,000 and/or imprisonment for up to five years. These penalties underscore the importance of compliance with the environmental regulations set out in the Act.