Amendment of List of Exempt Native Specimens - Spencer Gulf Prawn Fishery, Gulf St Vincent Prawn Fishery, West Coast Prawn Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and manage Australia's environment, particularly in relation to matters of national environmental significance. The Act provides for the protection of native species and their habitats, including fish and invertebrates, and ensures that the impact of human activities on the environment is minimised. The Act is administered by the Commonwealth Government through the Department of the Environment and Energy. On 23 October 2015, Paul Murphy, as Delegate of the Minister for the Environment, amended the list of exempt native specimens under section 303DB of the EPBC Act. The amendment revoked the conditions to which the inclusion of certain specimens in the list was subject and imposed new conditions to which inclusion of the specimens in the list is subject. The amendment applies to specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in specific prawn fisheries in South Australia. The purpose of the amendment is to ensure that the protection of native species and their habitats is balanced with the need for sustainable fishing practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the Gazette C2015G01766, pertains specifically to native specimens of fish and invertebrates derived from designated prawn fisheries within Australia. This legislative amendment applies to specimens taken from the Spencer Gulf Prawn Fishery, the Gulf St Vincent Prawn Fishery, and the West Coast Prawn Fishery, as defined under the Fisheries Management (Prawn Fisheries) Regulations 2006 and the Fisheries Management (General) Regulations 2007, which operate under the Fisheries Management Act 2007 of South Australia. The Act applies to entities and individuals who are involved in the collection, possession, or trade of these specimens, ensuring compliance with the conditions set forth to maintain biodiversity and ecological balance. Notably, the Act excludes specimens belonging to species listed under Part 13 of the EPBC Act, thereby distinguishing between regulated and exempt species. The amendment imposes conditions that these specimens must be lawfully taken and remain exempt in the list until 8 April 2016. The jurisdictional reach of this Act is national, as it operates under the Commonwealth of Australia, although it interfaces with state regulations concerning fisheries management.

Key Provisions

The main operative sections of this Gazette are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes a list of exempt native specimens, while section 303DC allows for the amendment of this list by the Minister for the Environment or a delegate. The Gazette specifically revokes the conditions on certain specimens derived from fish or invertebrates taken in specific prawn fisheries, while imposing new conditions that these specimens must be taken lawfully and be included in the list until 8 April 2016. The obligations imposed by this amendment on the parties or entities it governs primarily involve adherence to the new conditions stipulated in the Gazette. Specifically, any specimens derived from fish or invertebrates taken in the specified prawn fisheries must be taken in a lawful manner to comply with the requirements of the EPBC Act. Additionally, stakeholders must ensure that these specimens remain part of the exempt native specimens list until the specified end date of 8 April 2016. This means that any activities involving these specimens must be conducted within these legal boundaries to avoid any potential legal repercussions. Failure to comply with the conditions set out in this Gazette can result in various legal consequences. While the Gazette itself does not specify penalties, breaches of the EPBC Act can lead to both civil and criminal penalties. Civil penalties can include substantial fines, up to several million dollars for corporations, depending on the severity of the breach. Criminal penalties can include imprisonment for individuals, with the maximum penalty varying according to the specific offence and jurisdiction. Additionally, there may be further administrative or enforcement actions taken by the relevant authorities to ensure compliance with the Act.