Amendment of List of Exempt Native Specimens - South Australian Scallop and Turbo Fisheries (26/08/2014) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to biodiversity and matters of national environmental significance. This legislation was introduced to address the need for a comprehensive framework to manage and protect Australia's biodiversity and ecosystems, ensuring their conservation and sustainable use. The policy objective of the EPBC Act is to protect and conserve Australia's biodiversity by regulating activities that may have a significant impact on the environment. The Act empowers the Minister for the Environment to make amendments to various lists, including the list of exempt native specimens, to ensure that the legislative framework remains effective and responsive to emerging environmental challenges. On 26 August 2014, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, as a Delegate of the Minister for the Environment, amended the list of exempt native specimens under section 303DC(1) of the EPBC Act. This amendment involved the removal of specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the South Australian Scallop and Turbo Fisheries. This change was made to refine the regulatory framework and ensure that it aligns with current conservation needs and practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, biodiversity, and heritage places in Australia, operating at the national level. This Act applies to any person or entity engaged in activities that may impact matters of national environmental significance, including the taking or trade of native specimens. The amendment to the list of exempt native specimens under the EPBC Act, as enacted by the delegate of the Minister for the Environment, Paul Murphy, pertains specifically to specimens derived from fish or invertebrates taken in the South Australian Scallop and Turbo Fisheries. This amendment removes the exemption for these specimens, meaning they are now subject to the provisions of the EPBC Act unless they belong to species listed under Part 13 of the Act. The amendment's geographic reach is confined to activities within the South Australian Scallop and Turbo Fisheries as defined by the relevant South Australian fisheries legislation. The amendment does not extend to activities outside these fisheries or to specimens belonging to species listed under Part 13 of the EPBC Act. The Act may also be extended or restricted through subordinate instruments, which can provide further detail on implementation and enforcement.

Key Provisions

The primary operative section of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is section 303DC(1), which allows the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, to amend the list of exempt native specimens established under section 303DB of the EPBC Act. Specifically, this amendment involves the deletion of a previously listed exemption for specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, taken in the South Australian Scallop and Turbo Fisheries (section 303DB). This change was made effective from 30 November 2007, as per the original inclusion of the exemption in the list. The Act imposes certain obligations on parties and entities governed by it, particularly those involved in the trade or handling of native specimens. With this amendment, entities that were previously exempt from needing a permit to trade or possess certain fish or invertebrate specimens from the South Australian Scallop and Turbo Fisheries are no longer exempt. This means they must now comply with the EPBC Act's requirements, which may include obtaining the necessary permits for the movement, trade, or possession of these specimens. Furthermore, the amendment necessitates that entities ensure their activities align with the updated legal standards and regulations governing native specimen trade. Breaches of the Environment Protection and Biodiversity Conservation Act 1999 can result in both civil and criminal penalties. Under the Act, unauthorised trade or possession of native specimens without the appropriate permit can lead to substantial fines and even imprisonment. For corporations, the maximum penalties are significantly higher, reflecting the seriousness of the offence. The specific penalties are outlined in section 528 of the EPBC Act, where the maximum penalty for individuals can be up to $330,000 or three years imprisonment, or both, while for corporations, the fines can escalate to up to $1.65 million. Additionally, ongoing breaches or repeated offences can result in increased penalties, further emphasising the importance of compliance with the Act's provisions.