Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework for the protection of the environment and biodiversity. This Act provides mechanisms to manage activities that may have a significant impact on the environment, including the regulation of trade in native specimens. Section 303DB of the Act establishes a list of exempt native specimens, which are not subject to the trade control provisions applicable to regulated native specimens. The legislative instrument F2016L01065 amends this list by removing certain specimens from the exempt category. Specifically, it deletes specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, taken in the South Australian Sardine Fishery. This amendment was made to ensure that the management of these specimens aligns with the specific regulatory framework governing the fishery, as defined in the South Australian Fisheries Management Act 2007, the Fisheries Management (General) Regulations 2007, and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2007. The instrument was introduced following appropriate consultation with relevant authorities, including the Department of Primary Industry and Regions South Australia, to ensure that the changes are in line with the management responsibilities for the fishery.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, amended by legislative instrument F2016L01065, adjusts the list of exempt native specimens as per Section 303DC(1)(a). This Act applies to the trade of native specimens and specifically addresses those specimens that are or are derived from fish or invertebrates taken in the South Australian Sardine Fishery. The exemption from trade control provisions previously applied to these specimens, but the amendment removes that exemption for the aforementioned specimens, unless they belong to species listed under Part 13 of the EPBC Act. This change is confined to the geographic area defined by the South Australian Sardine Fishery, governed by the South Australian Fisheries Management Act 2007, and related regulations. The amendment also reflects that references to definitions in related legislation should be read as references to provisions in those instruments as they are in force from time to time. The amendment took effect on the day it was registered on the Federal Register of Legislation.

Key Provisions

The primary operative sections of this legislative instrument pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB of the EPBC Act establishes a list of exempt native specimens that are not subject to the trade control provisions applicable to regulated native specimens. The instrument, as per section 303DC(1)(a), removes certain specimens from this list. These specimens include those derived from fish or invertebrates taken in the South Australian Sardine Fishery, except those belonging to species listed under Part 13 of the EPBC Act. This exclusion aligns with the definitions provided in the Management Plan for South Australian Pilchard Fishery 2005, and the relevant South Australian legislation, such as the South Australian Fisheries Management Act 2007, the Fisheries Management (General) Regulations 2007, and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2007. The Act imposes certain obligations and requirements on parties and entities governed by it. Firstly, the Minister for the Environment must consult with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, before amending the list of exempt native specimens. This requirement is outlined in subsection 303DC(3) of the EPBC Act. In the specific case of this legislative instrument, the Delegate of the Minister for the Environment consulted with the Department of Primary Industry and Regions South Australia, which holds management responsibilities for the fishery in question. Furthermore, the instrument itself is a legislative instrument as defined by the Legislation Act 2003 and took effect on the day after its registration on the Federal Register of Legislation. The consequences of breaching the provisions of this Act can be significant. Offences and penalties are not explicitly stated in the instrument, but the Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines, while criminal penalties may include imprisonment, reflecting the seriousness with which the Act treats violations related to the protection of the environment and biodiversity. The specific maximum penalties would depend on the nature and severity of the breach, as detailed in the broader provisions of the EPBC Act. It is also noted that this legislative instrument does not raise any human rights issues, as indicated by the Statement of Compatibility.