Amendment of List of Exempt Native Specimens - South Australian Scallop and Turbo Fisheries and the South Australian Specimen Shell Fishery

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 matters of national environmental significance, by regulating activities that have, will have, or might have a significant impact on the environment. This Act was introduced to address the need for comprehensive environmental protection and management across Australia. The EPBC Act is administered by the Australian Government and is overseen by the Minister for the Environment. The policy objective of the Act is to ensure that environmental protection is integrated into decision-making processes, thereby promoting sustainable development. The amendment to the list of exempt native specimens under section 303DB of the EPBC Act, as enacted by the Delegate of the Minister for the Environment, aims to clarify and refine the conditions under which certain fish and invertebrate specimens are exempt from certain regulatory requirements, thereby aligning with sustainable fisheries management practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity within Australia and its territories. This particular amendment to the list of exempt native specimens applies to specimens derived from fish or invertebrates taken within the South Australian Scallop and Turbo Fisheries, as well as the South Australian Specimen Shell Fishery, provided these specimens do not belong to species listed under Part 13 of the EPBC Act. This means that the Act applies to individuals or entities involved in the commercial or recreational fishing of these specific marine species in the defined fisheries of South Australia. The amendment is made under the authority of the Minister for the Environment, and the changes will be in effect until 1 October 2016, subject to the condition that the specimens were taken lawfully. The geographic scope of this amendment is limited to the specified fisheries within South Australia, and it does not extend beyond these jurisdictional boundaries.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is amended by the Gazetted instrument to modify the list of exempt native specimens. Section 303DC(1) of the Act empowers the Minister for the Environment to delegate certain powers, and in this instance, Assistant Secretary Paul Murphy has exercised those powers to revoke certain conditions attached to the exemption of specimens derived from fish or invertebrates from particular fisheries in South Australia (sections 303DB and 303DC). Specifically, the exemption now applies to specimens taken in the South Australian Scallop and Turbo Fisheries, as well as the South Australian Specimen Shell Fishery, subject to certain conditions. The conditions imposed by this amendment require that the specimens, or the fish or invertebrate from which they are derived, must have been taken lawfully. Additionally, these specimens will remain exempt from the requirements of the Act until 1 October 2016. This means that during this period, those involved in these fisheries can operate under the relaxed conditions without needing to obtain specific permits or authorisations for the movement of these specimens. These conditions are designed to facilitate compliance while still ensuring that the specimens are sourced legally. Failure to adhere to the conditions set out in the Gazetted instrument may result in various consequences under the EPBC Act. Firstly, operating without lawful authorisation for the taking of specimens could lead to civil or criminal penalties. Under the EPBC Act, unauthorised actions related to the movement of native specimens can result in fines and imprisonment. The maximum penalties for contravening the Act can be substantial, with fines reaching up to $330,000 for corporations and $66,000 for individuals, alongside potential imprisonment terms. These stringent measures underscore the importance of complying with the legislative requirements to avoid serious repercussions.