Amendment of List of Exempt Native Specimens - South Australian Prawn Trawl Fisheries Fishery

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. This Act addresses the gap in comprehensive environmental protection by regulating activities that may have a significant impact on the environment, including native species and ecosystems. The EPBC Act is administered by the Parliament of Australia, with the objective of ensuring the conservation and sustainable use of the environment. As part of its regulatory framework, the Act includes provisions for the control of trade in native specimens, which was updated by this amendment to the list of exempt native specimens. This particular amendment, issued by Paul Murphy as the Delegate of the Minister for the Environment, modifies the conditions under which certain prawn fishery specimens are exempt from certain regulatory requirements until 29 October 2015. The change requires that these specimens be taken lawfully and be included in the list of exempt specimens until the specified date, aligning with the policy objective of balancing environmental protection with sustainable fishing practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of persons and entities across the Commonwealth, including federal, state and territory governments, individuals, and businesses. The Act is designed to protect and manage the environment, particularly in relation to matters of national environmental significance. In this context, the Act regulates the trade and transport of native specimens, including fish and invertebrates, to ensure that these activities do not negatively impact the environment or protected species. The geographic reach of the Act extends to all areas within the Commonwealth of Australia, including its territorial waters and the Australian Exclusive Economic Zone. The Act applies to specimens taken in specific prawn fisheries in the Spencer Gulf, the Gulf St Vincent, and on the West Coast of South Australia, as defined by the relevant fisheries regulations. The amendment to the list of exempt native specimens under section 303DB of the EPBC Act specifies that specimens taken lawfully from these fisheries, and derived from species not listed under Part 13 of the EPBC Act, will be exempt from certain regulatory requirements until 29 October 2015. The Act may be further extended or restricted through subordinate instruments, which can provide additional detail or specify conditions for the application of the legislation.

Key Provisions

The main operative sections of this Gazette amendment pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303DB and 303DC). Specifically, it revokes the previous conditions that applied to certain specimens taken in specified prawn fisheries within Spencer Gulf, the Gulf of St Vincent, and the West Coast of South Australia, and imposes new conditions under which these specimens are included in the list. The specimens, which are or derive from fish or invertebrates not listed under Part 13 of the EPBC Act, must be taken lawfully and will remain on the exempt list until 29 October 2015. Under this Act, the obligations imposed on parties and entities involve ensuring that any specimens taken in the specified prawn fisheries adhere to the new conditions. This means that such specimens must be lawfully obtained and must not belong to species listed under Part 13 of the EPBC Act. Furthermore, the specimens must be managed in compliance with the Fisheries Management (Prawn Fisheries) Regulations 2006 and the Fisheries Management (General) Regulations 2007, which are in force under the Fisheries Management Act 2007 (South Australia). These obligations ensure that the collection and trade of these specimens do not negatively impact the protected species or the broader environment. The Gazette amendment outlines that failure to comply with the conditions set forth for these specimens may result in legal consequences. Although the specific penalties are not detailed in the text, breaches of the EPBC Act can typically lead to both civil and criminal penalties. Civil penalties can include fines, while criminal penalties can encompass imprisonment, reflecting the seriousness with which the Act regards non-compliance. The exact penalties would be determined by the courts based on the nature and extent of the breach, but they could include significant financial penalties or custodial sentences for serious violations.