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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a pivotal piece of legislation enacted by the Australian Parliament to safeguard the nation's biodiversity and manage environmental protection. This Act was introduced to address the need for a comprehensive framework that could effectively manage the impacts of human activities on the environment and biodiversity. Through this legislation, the Australian Government aims to provide a robust mechanism for the conservation and sustainable use of the country's biological diversity. The recent amendment, issued under the authority of the Assistant Secretary, Wildlife Trade and Biosecurity Branch, further refines the regulatory scope by including certain specimens taken from the South Australian Marine Scalefish Fishery into the list of exempt native specimens, subject to specific conditions and restrictions. This amendment underscores the ongoing commitment to balancing conservation efforts with sustainable economic activities. This amendment was made pursuant to the powers delegated by the Minister for the Environment, reflecting the policy objective of ensuring that native specimens are managed in a way that promotes conservation while supporting lawful and regulated fishing activities. By including these specimens in the list of exempt native specimens, the legislation aims to maintain a delicate equilibrium between environmental protection and economic utility, ensuring that the South Australian Marine Scalefish Fishery operates within the bounds of legal and sustainable practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to a wide range of persons, entities, and industries involved in activities that may impact Australia's biodiversity and environment. This includes individuals, corporations, and other entities engaged in activities such as fishing, wildlife trade, and other transactions involving native specimens. The Act applies across the Commonwealth of Australia and extends its jurisdictional reach to cover both terrestrial and marine environments. The amendment to the list of exempt native specimens under section 303DC of the EPBC Act specifically targets specimens taken in the South Australian Marine Scalefish Fishery, as defined under the South Australian Fisheries Management Act 2007. These amendments are effective until 24 September 2015 and include specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act and taxa listed under section 303CA of the EPBC Act (Australia's CITES list). The inclusion of these specimens in the list is contingent on their lawful capture. The Act may also extend or restrict its application through subordinate instruments, which could further clarify or detail specific requirements and conditions under which the Act operates.

Key Provisions

The main operative sections of this Gazette notice concern the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(1) empowers the Minister for the Environment to delegate the responsibility of amending the list to an Assistant Secretary. Here, Assistant Secretary Paul Murphy, acting as the delegate, adds certain fish and invertebrate specimens to the list of exempt native specimens (section 303DB). These additions include specimens derived from fish or invertebrates taken in the South Australian Marine Scalefish Fishery, subject to specific conditions (section 303DC/SFS/2015/02). The amendment takes effect until 24 September 2015, and excludes specimens belonging to species listed under Part 13 of the EPBC Act and taxa listed under section 303CA (Australia’s CITES list). The Act imposes several obligations on parties and entities governed by it. First, any person involved in taking specimens from the South Australian Marine Scalefish Fishery must ensure that the specimens comply with the lawful requirements stipulated in the Management Plan for the South Australian Commercial Marine Scalefish Fishery 2013 under the South Australian Fisheries Management Act 2007. This includes adhering to any regulations that govern the lawful taking of marine life within the fishery. Additionally, entities must ensure that the specimens they handle do not belong to species or taxa that are listed under Part 13 of the EPBC Act or section 303CA. These obligations are crucial for maintaining compliance with both state and federal environmental protection laws. Failure to comply with the conditions and restrictions outlined in the Gazette notice may result in various legal consequences. Under the EPBC Act, breaches can lead to both civil and criminal penalties. For example, taking specimens that do not meet the criteria for exemption could result in fines or imprisonment. The maximum penalties for contravening the EPBC Act can be substantial, often reflecting the severity of the environmental impact and the intent behind the breach. Specifically, individuals and entities found guilty of such violations may face fines of up to $420,000 for a corporation and $84,000 for an individual, as well as potential imprisonment terms that vary based on the seriousness of the offence. These penalties underscore the importance of adhering to the legal stipulations governing the handling and trade of native specimens.