Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment and biodiversity, including the regulation of the trade of native specimens. The Act includes a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. This legislative instrument amends the list of exempt native specimens to include certain specimens taken in the South Australian Marine Scalefish Fishery, subject to certain restrictions and conditions. The amendment was made in accordance with section 303DC of the EPBC Act, which requires consultation with relevant ministers and the public before amending the list. The policy objective of this amendment is to facilitate the export of certain fishery specimens until a specified date while ensuring compliance with ecological sustainability criteria. 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.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens pertains to specimens taken in the South Australian Marine Scalefish Fishery, as defined by the Management Plan for the South Australian Commercial Marine Scalefish Fishery 2013 under the South Australian Fisheries Management Act 2007. This amendment exempts certain fish and invertebrate specimens from the trade control provisions applicable to regulated native specimens, provided they are not listed under Part 13 of the EPBC Act or under section 303CA (Australia's CITES list). The exemption applies to specimens taken lawfully and is effective until 24 September 2015. The amendment follows the Australian Government's 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition' which assesses the ecological sustainability of the fishery's management. The Minister for the Environment consulted with relevant stakeholders, including the Department of Primary Industries and Regions South Australia, and invited public comment, though none was received. The legislative instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation involve the amendment of the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DC). These sections provide for the inclusion of certain specimens in the list of exempt native specimens, thereby exempting them from trade control provisions that apply to regulated native specimens. Specifically, the specimens in question are those that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act or taxa listed under Section 303CA of the EPBC Act (Australia’s CITES list). These specimens must have been taken in the South Australian Marine Scalefish Fishery as defined in the Management Plan for the South Australian Commercial Marine Scalefish Fishery 2013, in force under the South Australian Fisheries Management Act 2007. The inclusion of these specimens in the list is subject to the condition that they were taken lawfully and will remain exempt until 24 September 2015. The Act imposes several obligations and requirements on the entities it governs. Firstly, the Minister for the Environment is required to consult with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, before amending the list of exempt native specimens (Section 303DC(3)). In this instance, the Delegate of the Minister for the Environment consulted with the Department of Primary Industries and Regions South Australia, which has management responsibilities for the fishery in question. Additionally, the proposal to amend the list was advertised on the Department of the Environment’s website, inviting comments from interested parties for a period of 21 business days, though no comments were received. The specimens must also meet the criteria set forth in the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition,' which establish the criteria for assessing the ecological sustainability of the relevant fishery’s management arrangements. The legislation also outlines potential consequences for breaches of its provisions, although specific penalties are not detailed within the text provided. Generally, under the EPBC Act, breaches can lead to both civil and criminal penalties. Civil penalties may include fines, with the exact amount determined by the court, while criminal penalties can involve imprisonment. The maximum penalties for offences under the EPBC Act can vary significantly depending on the nature and severity of the breach. For instance, more serious offences can result in substantial fines and longer periods of imprisonment. Compliance with the Act is therefore critical to avoid these potential consequences.