Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the nation's biodiversity, through the regulation of activities that have, or are likely to have, a significant impact on matters of environmental significance. This Act is administered by the Commonwealth Government and aims to protect and manage Australia's biodiversity and environment by providing a framework for the assessment and approval of activities that may impact on matters of national environmental significance. This legislative instrument amends the list of exempt native specimens under the EPBC Act by including specimens derived from fish or invertebrates taken in the South Australian Specimen Shell Fishery, subject to specific conditions and restrictions. The inclusion is temporary, ending on 15 November 2009, and is contingent upon the lawful taking of the specimens, ensuring that the amendment aligns with both environmental protection and sustainable fisheries management objectives.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended, governs the protection and conservation of the nation's biodiversity and environment, and includes provisions for the regulation of native specimens. This legislative instrument specifically pertains to the amendment of the list of exempt native specimens under section 303DB of the Act. The amendment adds specimens of fish or invertebrates, excluding those species listed under Part 13 of the Act, taken in the South Australian Specimen Shell Fishery, as defined under the South Australian Scheme of Management (Miscellaneous Fisheries) Regulations 1991 and the Fisheries (General) Regulations 2000, in force under the South Australian Fisheries Act 1982. This inclusion is subject to the condition that the specimens must have been taken lawfully and is effective until 15 November 2009. The Act applies to individuals and entities engaged in activities that involve native specimens, specifically targeting those operating within the scope of the South Australian fisheries regulations. The jurisdictional reach of the Act is national, with its application extending across all states and territories of Australia, reflecting the Commonwealth's role in environmental protection and biodiversity conservation.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by incorporating a list of exempt native specimens under section 303DB. Specifically, specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the Act, taken in the South Australian Specimen Shell Fishery, as defined under the South Australian Scheme of Management (Miscellaneous Fisheries) Regulations 1991 and the Fisheries (General) Regulations 2000, are included in the list. This amendment is subject to the condition that the specimens must be taken lawfully and will remain on the list until 15 November 2009. Under the amended Act, parties or entities involved in the collection, trade, or transportation of the specified specimens must ensure that they comply with the new regulatory framework. This includes verifying that the specimens were taken in accordance with the law and that they are derived from the specified fishery. Additionally, any activities involving these specimens must be conducted within the specified time frame, ending on 15 November 2009. The Act imposes obligations on those who handle these specimens, including ensuring lawful acquisition and adherence to the time restrictions imposed by the amendment. Failure to comply with these obligations can result in legal consequences. The legislation does not explicitly state penalties for breaches, but given the nature of the Act, breaches could potentially lead to fines, imprisonment, or other enforcement actions as determined under the broader provisions of the Environment Protection and Biodiversity Conservation Act 1999. The exact penalties would depend on the specific breach and the interpretation of the relevant sections of the Act.