COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Amendment of List of Exempt Native Specimens
I, ILSE KIESSLING, A/g Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, pursuant to subsection 303DC(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), hereby amend the list of exempt native specimens established under section 303DB of the EPBC Act by revoking the conditions to which the inclusion of the following item in the list on 27 November 2009 is subject:
- specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the South Australian Sardine Fishery, as defined in the Management Plan for South Australian Pilchard Fishery 2005, in force under the South Australian Fisheries Management Act 2007, the Fisheries Management (General) Regulations 2007, and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2007.
and imposing the following conditions to which inclusion of the specimens in the list is subject:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 27 November 2015.
Dated this 11 day of Nov. 2014
….…………………I.Kiessling…………………….
Delegate of the Minister for the Environment
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of Australia’s environment and biodiversity, particularly with respect to activities that may have a significant impact on matters of national environmental significance. The Act provides a framework for the protection and management of the environment, including the regulation of activities that may affect listed threatened species and ecological communities, and the control of international and interstate movement of specimens. The 2014 amendment, made under the authority of the Minister for the Environment, involves the adjustment of the list of exempt native specimens. Specifically, the amendment revokes certain conditions previously applied to specimens derived from fish or invertebrates taken in the South Australian Sardine Fishery and imposes new conditions that these specimens must be taken lawfully and remain listed until 27 November 2015. This amendment aims to ensure that the regulation of native specimens aligns with current fisheries management practices and environmental protection standards.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to individuals and entities engaged in activities that may impact Australia's biodiversity and environment. Specifically, this legislative amendment pertains to the list of exempt native specimens, modifying the conditions under which specimens derived from fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act, are exempt from certain regulatory requirements. These changes apply to specimens taken in the South Australian Sardine Fishery, as defined under relevant state fisheries legislation. The amendment imposes conditions such as the lawful taking of the specimens and limits the exemption period until 27 November 2015. This legislation has a national reach, overseen by the Commonwealth of Australia, and its application can be further extended or restricted through subordinate instruments as necessary.
Key Provisions
The key operative sections of the amendment to the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (ss. 303DB and 303DC) detail the changes to the conditions under which certain specimens can be exempt from the provisions of the Act. Specifically, section 303DC(1) allows the Minister for the Environment to amend the list of exempt native specimens. This amendment involves revoking the previous conditions on the inclusion of certain fish and invertebrate specimens taken in the South Australian Sardine Fishery and imposing new conditions on their inclusion until 27 November 2015. The new conditions require that the specimens, or the fish or invertebrate from which they are derived, must be taken lawfully (s. 303DB).
The obligations and requirements imposed by this amendment on the parties or entities governed by the Act are primarily concerned with compliance with the new conditions for the exemption of certain specimens. Entities or individuals who possess or trade in these specimens must ensure that they were taken lawfully and comply with the new time frame until 27 November 2020. They must also ensure that any specimens are correctly identified as being derived from the South Australian Sardine Fishery, as defined under the relevant state fisheries management legislation.
There are no explicit offences, penalties, or consequences outlined in the amendment itself for breaching the new conditions. However, breaches of the EPBC Act generally may result in civil or criminal penalties. For example, under section 510 of the Act, a person who commits an offence against the Act may be subject to a penalty of up to $360,000 for a corporation or $72,000 for an individual, or both imprisonment for up to five years and/or fines. Additionally, section 487A imposes a penalty of up to $360,000 or imprisonment for up to five years, or both, for knowingly providing false or misleading information in relation to the Act. Therefore, while the amendment does not specify penalties, those who fail to comply with the new conditions could still face these general penalties if they breach the broader provisions of the EPBC Act.