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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. It provides a framework for the protection of the environment, particularly matters of national environmental significance, and includes provisions for the management of wildlife trade. One of the key mechanisms under this Act is the establishment of a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. This legislative instrument amends the list of exempt native specimens, as provided for in Section 303DB of the EPBC Act, by adding cast bull kelp (Durvillaea potatorum) harvested from specified beaches of King Island, Tasmania, under specific conditions. The inclusion of these specimens on the exempt list, subject to conditions such as lawful taking and compliance with an approved Wildlife Trade Operation declaration, aims to facilitate the continued export of these specimens for a period of three years. The decision to amend the list was influenced by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries and involved consultation with relevant stakeholders, including the Tasmanian Department of Primary Industry and Water. This legislative instrument, registered under the Legislative Instruments Act 2003, 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) Amendment of the List of Exempt Native Specimens, represented by the legislative instrument F2008L00381, pertains to specific specimens of Cast bull kelp (Durvillaea potatorum) harvested from designated beaches on King Island, Tasmania, and processed by Kelp Industries Pty Ltd. This amendment applies to entities engaged in the lawful harvesting and processing of the specified specimens, thereby exempting them from the trade control provisions that apply to regulated native specimens. This legislative change is made in accordance with section 303DB of the EPBC Act and is subject to certain conditions, including that the specimens were taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The exemption allows for the continued export of these specimens for a period of three years, aligning with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The instrument extends its jurisdictional reach across the Commonwealth and is specifically tailored to the management of marine resources within Tasmania, reflecting a coordinated approach between federal and state authorities.

Key Provisions

The key operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involved in this amendment are sections 303DB (3) and 303DC. Section 303DB(3) provides the legal basis for the establishment of a list of exempt native specimens, while Section 303DC allows for the addition of specimens to this list. In this case, the amendment adds cast bull kelp (Durvillaea potatorum) harvested from specified beaches on King Island, Tasmania by licensed harvesters, and processed by Kelp Industries Pty Ltd, to the list of exempt native specimens (section 303DC). The inclusion of these specimens in the list is subject to the conditions that they were taken lawfully and are covered by a declaration under section 303FN of the EPBC Act regarding an approved wildlife trade operation (section 303DB(3)(b)). The obligations and requirements imposed by this amendment on the parties involved are primarily centred around compliance with the conditions set for the exemption. The harvesters and Kelp Industries Pty Ltd must ensure that the cast bull kelp is harvested lawfully and that the operations are covered by an approved wildlife trade operation declaration. This includes adhering to the guidelines established by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. The amendment also mandates consultation with relevant authorities, such as the Tasmanian Department of Primary Industry and Water, as required by section 303DC(3)(c) of the EPBC Act. The consequences of breaching the provisions of this legislation can be severe. Offences under the EPBC Act can lead to both civil and criminal penalties. Civil penalties may include fines up to $66,600 for individuals and $333,000 for bodies corporate, as stipulated in section 534 of the Act. Criminal penalties can include fines up to $333,000 for individuals and $1,665,000 for bodies corporate, along with potential imprisonment terms. The specific maximum penalties depend on the nature and severity of the breach, but the overarching aim is to enforce compliance and protect the ecological sustainability of the fisheries in question.