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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly by protecting matters of national environmental significance from the impacts of Commonwealth activities, and by providing for the protection of native species and ecological communities. The Act aims to address the problem of biodiversity loss and environmental degradation by providing a framework for the protection of the environment through regulation and management. This amendment, introduced by the Commonwealth of Australia, seeks to update the list of exempt native specimens under the Act, with a specific focus on including certain fish and invertebrate specimens taken in the South Australian Scallop and Turbo Fisheries. This amendment was made by the Minister for the Environment's delegate, Paul Murphy, as Assistant Secretary of the Wildlife Trade and Biosecurity Branch, in accordance with the powers granted under the EPBC Act. The inclusion of these specimens in the list is subject to certain conditions and restrictions, such as ensuring that the specimens were taken lawfully and that they remain included until 15 May 2015.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth statute that applies broadly to the protection of the environment, including native flora and fauna, as well as matters of national environmental significance. The Act regulates activities that may have a significant impact on the environment, including the trade and movement of native specimens. The specific amendment referenced concerns the exemption of certain specimens from the regulatory framework, thereby potentially easing restrictions on their trade and movement under specific conditions. The amendment applies to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken within the South Australian Scallop and Turbo Fisheries, as defined by various South Australian fisheries legislation. This amendment is subject to the condition that the specimens were taken lawfully and are included in the list of exempt native specimens until 15 May 2015. The geographic reach of this amendment is confined to the waters and fisheries specified under South Australian fisheries laws, thus its application is limited to the South Australian jurisdiction. The amendment does not extend to other areas or specimens outside the specified fisheries or those belonging to listed species. The amendment can be further refined or extended through subordinate instruments, which may introduce additional conditions or alter the scope of the exemption.

Key Provisions

The main operative sections of the Gazette, C2014G01440, pertain to the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DC(1) allows for the amendment of the list of exempt native specimens, and this amendment is made by the Delegate of the Minister for the Environment, Paul Murphy, who has acted as the Assistant Secretary of the Wildlife Trade and Biosecurity Branch. According to the amendment, specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the South Australian Scallop and Turbo Fisheries are included in the list of exempt native specimens. This inclusion is subject to specific restrictions or conditions, namely that the specimens must have been taken lawfully, and the inclusion in the list is valid until 15 May 2015. The Act imposes certain obligations and requirements on the parties or entities it governs. Firstly, the specimens included in the list must be derived from fish or invertebrates taken in the South Australian Scallop and Turbo Fisheries. These fisheries are defined under the South Australian Fisheries Management Act 2007, the Fisheries Management (Miscellaneous Fishery) Regulations 2000, and the Fisheries Management (General) Regulations 2007. Secondly, the specimens must not belong to species listed under Part 13 of the EPBC Act. Lastly, the specimens must be taken lawfully, adhering to the regulations and laws governing the fisheries from which they are derived. These requirements ensure that only legally obtained specimens from specified fisheries are included in the list, thus maintaining the integrity and compliance with environmental protection laws. In terms of offences, penalties, or civil/criminal consequences for breach, the Gazette does not explicitly detail the specific penalties or consequences for non-compliance with the conditions of the amendment. However, under the EPBC Act, unauthorised actions involving protected species or activities that contravene the Act can lead to significant penalties. Offences under the EPBC Act may incur substantial fines and, in some cases, imprisonment. For example, unauthorised taking or trade of listed species can result in fines of up to $222,200 for individuals and $1,111,000 for corporations, alongside potential imprisonment terms. The exact penalties would depend on the nature and severity of the breach, as outlined in the broader provisions of the EPBC Act. Compliance with the conditions specified in the amendment is therefore crucial to avoid these potential penalties.