Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to biodiversity and heritage. The Act was introduced to address the need for comprehensive environmental protection measures that consider both ecological sustainability and economic activities. In this context, the Act establishes mechanisms for the management of native species, including the regulation of their trade and the maintenance of a list of exempt native specimens, which are not subject to the same trade control provisions as regulated native specimens. The Act is overseen by the Australian Parliament and aims to balance environmental protection with the sustainable use of natural resources. This legislative instrument, introduced to amend the list of exempt native specimens, reflects the policy objective of ensuring that the management of fisheries, such as the South Australian Sardine Fishery, aligns with the criteria for ecological sustainability as outlined in the Australian Government’s guidelines.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment (List of Exempt Native Specimens) Instrument 2016 pertains to the amendment of the list of exempt native specimens as per section 303DC(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This amendment concerns specimens taken from the South Australian Sardine Fishery, which are either removed from or added to the list of exempt native specimens. The primary purpose is to streamline the description of these specimens and extend their export approval until 20 August 2021. This amendment applies to the entities and individuals involved in the trade of native specimens, specifically those engaged in the South Australian Sardine Fishery. The jurisdictional reach of this legislation is national, falling under the purview of the Commonwealth. The decision to amend the list of exempt native specimens involved consultations with relevant ministers and stakeholders, including Primary Industries and Regions South Australia, and public comments were also considered. The instrument operates within the guidelines set by the Australian Government's 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition'. The instrument does not explicitly state any exclusions or thresholds but is subject to the conditions that the specimens must be taken lawfully and are included in the list until 20 August 2021.

Key Provisions

The main operative sections of the instrument involve amendments to the List of Exempt Native Specimens under Section 303DC(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 3). These amendments specifically relate to specimens taken from the South Australian Sardine Fishery. The instrument removes certain specimens from the list of exempt native specimens while adding others with specific conditions (section 3). The added specimens must be taken lawfully and are included in the list until 20 August 2021, aligning with the Australian Government’s guidelines for ecologically sustainable management of fisheries. The obligations imposed by the Act on the parties and entities governed by it include ensuring that any native specimens taken from the South Australian Sardine Fishery comply with the amended list of exempt native specimens. This includes adhering to the legal conditions that the specimens were taken lawfully and are included in the list until the specified date. The Act also mandates that the Minister for the Environment and Energy consult with relevant stakeholders, such as Primary Industries and Regions South Australia, before making amendments to the list. Additionally, the proposal to amend the list must be advertised on the Department of the Environment and Energy’s website, inviting comments from interested parties for a minimum of 22 business days (section 3). Offences and penalties under the Act for breaches of the amended list of exempt native specimens are not explicitly detailed in the explanatory statement. However, it is implied that failure to comply with the conditions set forth by the Act could result in legal repercussions. Typically, violations of the EPBC Act can lead to civil or criminal penalties, including fines and imprisonment. The specific maximum penalties would depend on the nature and severity of the breach, as outlined in the broader provisions of the EPBC Act. It is essential for entities involved in the South Australian Sardine Fishery to ensure strict adherence to the legal requirements to avoid any potential penalties.