Amendment of the List of Exempt Native Specimens - Cast Bull Kelp Fishery, TAS (12/02/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to biodiversity and heritage, by establishing a framework for the assessment and approval of activities that may impact on matters of national environmental significance. This Act was introduced to address the need for a comprehensive legislative approach to environmental protection that includes the conservation of biodiversity and the management of the impacts of activities on the environment. The policy objective of the Act is to ensure that activities which may significantly impact on the environment are properly assessed and managed to mitigate adverse environmental effects. This legislative instrument, F2008L00380, amends the List of Exempt Native Specimens under section 303DC of the EPBC Act by removing Cast Bull Kelp from the Family Durvillaeaceae harvested by Kelp Industries Pty Ltd, which was previously exempt from trade control provisions. This amendment follows consultation with relevant authorities, including the Tasmanian Department of Primary Industries and Water, in accordance with the EPBC Act. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and individuals, including those involved in the trade of native specimens, particularly those with the potential to impact Australia's biodiversity. Specifically, this legislative instrument concerns the amendment of the list of exempt native specimens as per section 303DB, where certain specimens are exempt from trade control provisions applicable to regulated native specimens. This amendment removes Cast Bull Kelp from the Family Durvillaeaceae, harvested by Kelp Industries Pty Ltd under a license from the Tasmanian Department of Primary Industries and Water under the Living Marine Resources Act 1995, from the list of exempt specimens. The jurisdictional reach of this Act is national, and it extends its application across the Commonwealth, states, and territories of Australia. Notably, this amendment does not exclude or exempt any other specimens or entities from its purview, but it specifically targets the noted Cast Bull Kelp harvested under the specified conditions. The instrument is complemented by consultation processes as required by section 303DC(3)(c) of the EPBC Act, ensuring relevant stakeholders, including the Tasmanian Department of Primary Industries and Water, were involved. The instrument is a legislative instrument governed by the Legislative Instruments Act 2003 and took effect on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation involve the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB establishes the list of exempt native specimens, and section 303DC allows for the amendment of this list. This legislative instrument removes Cast Bull Kelp from the Family Durvillaeaceae, harvested by Kelp Industries Pty Ltd under license from the Tasmanian Department of Primary Industries and Water, from the list of exempt native specimens. The changes will take effect immediately upon registration on the Federal Register of Legislative Instruments. The obligations and requirements imposed by this Act primarily concern Kelp Industries Pty Ltd and the Tasmanian Department of Primary Industries and Water. Kelp Industries must now adhere to the trade control provisions that were previously exempt, as the removal of Cast Bull Kelp from the list means it can no longer be traded without these controls. The Tasmanian Department of Primary Industries and Water, which issues the license for the harvest, must also ensure that Kelp Industries complies with these new regulations. Additionally, the Act mandates consultation with relevant parties, as outlined in section 303DC(3)(c) of the EPBC Act, ensuring that all stakeholders are informed of the changes. Failure to comply with the new provisions could lead to various civil or criminal consequences. Although the specific penalties are not detailed in the text, the EPBC Act generally provides for substantial fines and potential imprisonment for breaches related to the trade of native specimens. The exact penalties would depend on the nature and severity of the offence, but they can include significant financial penalties and terms of imprisonment for individuals found guilty of contravening the Act’s provisions. The overarching aim of these consequences is to enforce compliance and protect the biodiversity and environmental integrity of Australia.