Amendment of List of Exempt Native Specimens - South Australian Pilchard Fishery (14/10/2009)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation across Australia. The Act provides a framework for the protection of the environment and the conservation of biodiversity, particularly in relation to the regulation of activities that may have a significant impact on the environment. This legislative instrument is an amendment to the EPBC Act, specifically concerning the list of exempt native specimens. The instrument seeks to remove certain specimens from the list of those exempt from trade controls, reflecting updated considerations in the management of native species and their trade. This amendment was made following consultations with relevant authorities and stakeholders, including the Department of Primary Industry and Resources South Australia, as well as a public consultation period during which no comments were received. The legislative instrument is governed by the Legislative Instruments Act 2003, with the amendment taking effect from 15 October 2009.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the conservation of biodiversity and environmental protection in Australia, and this specific legislative instrument amends the list of exempt native specimens under Section 303DC. This amendment removes certain specimens that are or are derived from fish or invertebrates, specifically those taken in the South Australian Pilchard Fishery, from the list of exempt native specimens. This change means that these specimens will no longer be exempt from the trade control provisions applicable to regulated native specimens under the EPBC Act, thereby increasing the regulatory oversight on the trade of these specimens. The amendment applies to entities and persons involved in the trade of these specimens, and it affects the South Australian Pilchard Fishery as defined under the Fisheries Management (Marine Scalefish Fisheries) Regulations 2006 in force under the Fisheries Management Act 2007. This legislative instrument applies nationally across Australia, as it amends a list under the Commonwealth Act. The amendment became effective from 15 October 2009, as specified under the Legislative Instruments Act 2003.

Key Provisions

The main operative sections of this legislation pertain to the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, Section 303DB of the EPBC Act establishes a list of exempt native specimens which are not subject to the trade control provisions applicable to regulated native specimens. This legislative instrument removes certain fish and invertebrate specimens from this list. These specimens are those taken in the South Australian Pilchard Fishery, as defined in the Fisheries Management (Marine Scalefish Fisheries) Regulations 2006 under the Fisheries Management Act 2007 (South Australia), unless they belong to species listed under Part 13 of the EPBC Act. This change means that these specimens will now be subject to the trade control provisions, unlike previously when they were exempt. The Act imposes several obligations on parties and entities governed by it. Firstly, it requires the Minister for the Environment, Heritage and the Arts to consult with relevant Commonwealth Ministers, State and Territory Ministers, and other persons or organisations as deemed appropriate before making any amendments to the list of exempt native specimens. In this case, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the Department of Primary Industry and Resources South Australia. Additionally, the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts’ (DEWHA) website to invite comments from interested parties for a period of 25 days. No comments were received in this instance. The legislation also outlines potential consequences for breaches of the Act. While specific offences and penalties are not detailed in this instrument, the EPBC Act generally provides for a range of civil and criminal penalties for non-compliance. For example, breaches of the Act can lead to fines and imprisonment. The specific penalties depend on the nature and severity of the breach, with maximum penalties often stipulated within the Act. In cases where the Act applies, unauthorised trade or possession of native specimens could result in significant fines and even imprisonment for individuals and corporations, depending on the specific provisions violated and the jurisdiction in which the offence occurred.