Amendment of the List of Exempt Native Specimens (28/11/2007)

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, addresses the need for a comprehensive framework to protect and conserve Australia's biodiversity and environment. This Act was designed to fill a gap in the regulation of activities that have, or are likely to have, a significant impact on matters of environmental significance, including native species and ecosystems. This legislative instrument amends the list of exempt native specimens under section 303DC of the Act, allowing for the continued export of certain fish and invertebrate specimens from South Australian fisheries for a specified period. This amendment was made in consultation with relevant ministers and departments, ensuring that the decision aligns with the Australian Government's Guidelines for the ecologically sustainable management of fisheries. The policy objective of this amendment is to facilitate the export of specified native specimens from South Australian fisheries while ensuring that these activities remain ecologically sustainable and comply with the Act. By including these specimens on the list of exempt native specimens, the legislation seeks to balance economic interests with the need to protect Australia's biodiversity. This legislative instrument is a product of the collaborative efforts between federal and state authorities, reflecting a coordinated approach to environmental conservation and management.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens pertains to the addition of certain specimens and associated notations to the list of exempt native specimens, exempting them from the trade control provisions that apply to regulated native specimens. This amendment applies to specimens and associated notations specified in the Schedule, which includes specimens from various fisheries in South Australia such as the South Australian Rock Lobster Fishery, the South Australian Abalone Fishery, and others. These specimens, which are or are derived from fish or invertebrates, must not belong to species listed under Part 13 of the EPBC Act and must have been taken lawfully within the specified fisheries. The amendment aligns with the Australian Government’s Guidelines for the ecologically sustainable management of fisheries, ensuring that the ecological sustainability of the relevant fisheries management arrangements is considered. This instrument is subject to consultation with relevant ministers and departments, and it is a legislative instrument under the Legislative Instruments Act 2003, commencing on the same day as the relevant provisions of the Fisheries Management Act 2007 (South Australia) commence.

Key Provisions

The key provisions of the legislative instrument concern the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). This amendment, detailed in the Schedule, includes certain specimens of fish and invertebrates from various South Australian fisheries on the list of exempt native specimens (section 303DC(2)). Specifically, specimens from the South Australian Rock Lobster Fishery, Abalone Fishery, Beach-cast Seagrass and Marine Algae fishery, Blue Crab Fishery, Scallop and Turbo Fisheries, Pilchard Fishery, Spencer Gulf Prawn Fishery, Gulf St Vincent Prawn Fishery, West Coast Prawn Fishery, and Specimen Shell Fishery are listed. These specimens are exempt from trade control provisions applicable to regulated native specimens (section 303DB). The inclusion of these specimens on the list is temporary, with dates specified for each fishery, and is contingent on the specimens being taken lawfully and not belonging to species listed under Part 13 of the EPBC Act. The obligations imposed by this legislation on parties or entities governed by it primarily revolve around ensuring that the specimens of fish and invertebrates exported from South Australia are in compliance with the conditions set out in the Schedule. This includes adherence to the criteria established by the Australian Government’s Guidelines for the ecologically sustainable management of fisheries. The Fisheries Management Act 2007 (South Australia) and its associated regulations define the lawful taking of these specimens. Furthermore, these specimens must be covered by a declaration of an approved Wildlife Trade Operation under Section 303FN of the EPBC Act. Any party involved in the export of these specimens must ensure that all activities are conducted in accordance with these legal requirements. Failure to comply with the conditions specified in this legislative instrument may result in civil or criminal consequences. While the specific penalties are not detailed in the instrument, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can attract substantial penalties. For example, breaches of the Act can lead to fines and imprisonment, with penalties varying depending on the nature and severity of the offence. The Act provides for both civil penalties and criminal sanctions, which could include fines up to several thousand dollars and imprisonment for individuals or corporations found guilty of non-compliance. The exact penalties would be determined by the courts based on the specific circumstances of the breach.