Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive environmental protection and biodiversity conservation measures. This legislation was introduced by the Parliament of Australia to provide a framework for the protection of the environment and biodiversity, including the regulation of the trade and export of native specimens. The Act establishes a list of exempt native specimens that are exempt from trade control provisions applicable to regulated native specimens. The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument was developed to revise the conditions under which certain specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in specific prawn fisheries in South Australia, are included in the list of exempt native specimens. This amendment was designed to ensure the continued export of these specimens until a later date, reflecting the Australian Government’s guidelines for the ecologically sustainable management of fisheries. The policy objective of this legislative amendment is to facilitate the sustainable management and export of native specimens, while maintaining ecological integrity and compliance with environmental regulations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the management and conservation of native specimens, including fish and invertebrate specimens taken from specific prawn fisheries in South Australia. This legislation allows for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Specifically, this amendment focuses on the 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, in force under the Fisheries Management Act 2007 (South Australia). The Act's application is national, as it is a Commonwealth Act, and it extends to the lawful export of these specimens until 4 December 2015. This amendment follows consultation with relevant authorities, such as Primary Industries and Regions South Australia, and aligns with the Australian Government’s guidelines for ecologically sustainable management of fisheries.

Key Provisions

The main operative sections of this legislation are Sections 303DC and 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB sets up a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. Section 303DC allows for the amendment of this list. The legislation amends the list of exempt native specimens to remove certain conditions previously imposed on specimens taken in the Spencer Gulf Prawn Fishery, the Gulf St Vincent Prawn Fishery, and the West Coast Prawn Fishery. Specifically, it revokes conditions that were in place since 28 October 2009 and imposes new conditions that the specimens must be taken lawfully and are included in the list until 8 April 2016. The Act imposes specific obligations on the parties or entities it governs. For example, any specimens that are or are derived from fish or invertebrates taken in the specified fisheries must be taken lawfully. This means that the fishing activities must comply with all relevant regulations and laws, including those under the Fisheries Management Act 2007 (South Australia). Additionally, these specimens are exempt from trade control provisions until 8 April 2016, provided they meet the criteria outlined in the legislation. This ensures that the trade of these specimens can continue without the need for additional permits or approvals, as long as they are taken lawfully and before the specified date. The legislation also outlines potential consequences for breach of its provisions. Although the explanatory statement does not detail specific offences, penalties, or civil/criminal consequences, the EPBC Act generally includes provisions for fines and imprisonment for breaches of its trade control provisions. The maximum penalties can vary depending on the nature and severity of the breach, but they can include substantial fines and imprisonment terms for serious violations. Furthermore, any entity involved in the unlawful trade of these specimens could face additional administrative actions, such as the revocation of permits or licenses, and could also be subject to civil liability for any damages caused by the breach.