Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted by the Parliament of Australia to address the protection of the nation's biodiversity and significant natural environments, aiming to provide a comprehensive framework that integrates environmental considerations into decision-making processes. The legislation was introduced to fill the gap left by the previous fragmented environmental protection laws, seeking to streamline and consolidate environmental protection efforts under a single Act. This legislative instrument amends the list of exempt native specimens established under the Act to include certain specimens from fish or invertebrates taken in specific prawn fisheries within South Australia, subject to certain conditions and restrictions. The policy objective is to facilitate sustainable fishing practices while ensuring that biodiversity conservation remains a priority, as reflected in the conditions attached to the exemption. The legislative instrument, dated 5 November 2004, is issued by Ian Cresswell, the Assistant Secretary of the Wildlife Trade and Sustainable Fisheries Branch, acting as the delegate of the Minister for the Environment and Heritage. The amendment specifies that the exemption applies to specimens derived from prawn fisheries in the Spencer Gulf, Gulf St Vincent, and West Coast areas, but only if the specimens or the source fish or invertebrates were taken lawfully. This exemption is conditional and will remain in effect until 3 November 2009, ensuring that the environmental impact of these activities is carefully monitored and managed over a defined period.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies broadly to the protection of the environment and the conservation of biodiversity in Australia, including native flora, fauna, ecosystems, and heritage places. The Act operates on a national level, affecting entities and individuals involved in activities that may impact the environment and biodiversity, such as businesses, industries, and individuals. The Act's jurisdictional reach encompasses the entire Commonwealth of Australia, with specific regulations and provisions applicable to state and territory jurisdictions, as well as international waters where Australian jurisdiction applies. The legislative instrument in question pertains specifically to the amendment of the list of exempt native specimens under the Act. This amendment includes certain fish and invertebrate specimens taken from specified prawn fisheries in South Australia, subject to the condition that these specimens were lawfully taken and are not derived from species listed under Part 13 of the Act. The exemption applies until 3 November 2009, after which these specimens will no longer be exempt unless further amended by the Act. The amendment is made pursuant to the authority granted under section 303DC(1) of the Act, and the authority of the Minister for the Environment and Heritage.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by incorporating specific specimens into the list of exempt native specimens under section 303DB (1). These specimens are those that are or are derived from fish or invertebrates, excluding those that belong to species listed under Part 13 of the Act, taken within the Spencer Gulf Prawn Fishery, the Gulf St Vincent Prawn Fishery, and the West Coast Prawn Fishery, as defined by the South Australian Scheme of Management (Prawn Fisheries) Regulations 1991 and the Fisheries (General) Regulations 2000. This amendment is effective until 3 November 2009, provided the specimens meet the stipulated conditions. The Act imposes several obligations and requirements on the entities it governs. First, the specimens must be taken lawfully, meaning they must adhere to all applicable fishing regulations and licensing requirements. Second, the specimens must be derived from the specified fisheries and must not belong to species listed under Part 13 of the Act. These conditions ensure that the specimens included in the list are obtained through legitimate means and do not pertain to protected or endangered species. Breach of the conditions set forth in this amendment can lead to various civil and criminal consequences. Although the legislative instrument does not explicitly state penalties, violations of the Environment Protection and Biodiversity Conservation Act 1999 generally may incur substantial fines and even imprisonment. The specific penalties would depend on the nature and severity of the breach, as outlined in other sections of the Act. Non-compliance with the conditions regarding lawful taking and species restrictions can result in enforcement actions by relevant authorities, potentially leading to legal proceedings against the offending parties.