Amendment of List of Exempt Native Specimens - South Australian (SA) Abalone Fishery (inclusion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, through the regulation of actions that may impact on the environment. This Act was introduced to address the need for a comprehensive framework to manage and protect Australia's biodiversity and heritage. The Act is administered by the Australian Government and aims to ensure that biodiversity is conserved and that ecologically sustainable development is achieved. Pursuant to the EPBC Act, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, Heritage and Water, has amended the list of exempt native specimens by revoking certain conditions and imposing new ones concerning specimens from the South Australian Abalone Fishery. This amendment ensures that such specimens remain exempt from certain controls under the EPBC Act until 24 August 2018, provided they are taken lawfully, thereby balancing conservation efforts with sustainable fishery practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, through its amendments, delineates specific regulations regarding the handling and trade of native specimens. This particular amendment to the list of exempt native specimens pertains to specimens of fish and invertebrates, excluding those that are already listed under Part 13 of the EPBC Act. The amendment applies to specimens taken in the South Australian Abalone Fishery, which is defined under the SA Fisheries Management (Abalone Fisheries) Regulations 2006 and the SA Fisheries Management Act 2007. The amendment imposes conditions that the specimens must be taken lawfully and are included in the list until 24 August 2018. This Act applies to individuals and entities involved in the trade and handling of these specimens, with a jurisdictional reach across the Commonwealth of Australia, ensuring a uniform approach to the regulation of such activities. This amendment extends the application of the EPBC Act by modifying the list of exempt specimens, thereby altering the scope of regulated activities.

Key Provisions

The key operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303DC(1)) pertain to the revision of the list of exempt native specimens. Specifically, the amendment concerns specimens derived from fish or invertebrates taken in the South Australian (SA) Abalone Fishery, which are no longer subject to certain conditions (section 303DB). Instead, the amendment imposes new conditions: these specimens must have been taken lawfully, and they will remain in the list until 24 August 2018. The authority to make this amendment is derived from the EPBC Act, which grants the Minister for the Environment, Heritage and Water the power to modify the list of exempt native specimens. The obligations imposed by this amendment on parties or entities governed by the Act include ensuring that any specimens derived from fish or invertebrates taken within the specified fishery are legally obtained. This means that all fishing activities must comply with the relevant regulations and management regimes, such as those established under the SA Fisheries Management (Abalone Fisheries) Regulations 2006 and the SA Fisheries Management Act 2007. Additionally, these specimens must be accurately identified and documented to confirm compliance with the new conditions set forth in the amendment. The primary focus of these obligations is to maintain the integrity of the fishery and ensure that the specimens are sourced sustainably and legally. In terms of consequences for non-compliance, the EPBC Act provides for various offences and penalties. While the specific offences and penalties for breaching the conditions imposed by this amendment are not detailed in the provided text, generally, the Act allows for both civil and criminal penalties. Civil penalties can include fines up to a maximum of $66,600 for individuals and $333,000 for corporations, depending on the severity and frequency of the breach. Criminal penalties may also apply, which can include imprisonment for individuals and additional fines for corporations. The exact penalties would be determined by the courts based on the specific circumstances of the breach and the provisions of the EPBC Act.