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

Administered by Department of the Environment and Energy

Legislation au F2007L04567 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act, 1999

 

Amendment of the List of Exempt Native Specimens in accordance with Section 303DC

 

Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the establishment of a list of exempt native specimens.  Specimens included on the list are exempt from the trade control provisions that apply to regulated native specimens.

 

The effect of this instrument is to delete from the list of exempt native specimens the specimens and associated notations specified in the Schedule.

 

In determining to include the specimens in the list of exempt native specimens regard was had to the Australian Government’s Guidelines for the ecologically sustainable management of fisheries.  Those Guidelines establish the criteria for assessment of the ecological sustainability of the relevant fisheries management arrangements.

 

In accordance with section 303DC of the Act, consultation was undertaken with the following Ministers of the Commonwealth and of each State and self-governing Territory:  the Hon Rory McEwen, Minister for Agriculture Food and Fisheries.

 

Consultation was also undertaken in accordance with section 303DC(3)(c) of the Act. This extended to the Department of Primary Industries and Resources, South Australia.

 

This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

This instrument commences on the same day that the relevant provisions of the Fisheries Management Act 2007 (South Australia) commence.

 

        Unique Identifying Number: EPBC303DC/SFS/2007/19

 

 

 

 

 

 

 

 

 

 

 


SCHEDULE

Deletion from the List of Exempt Native Specimens

 

Taxon /Item

Notation

Jasus edwardsii

 

The specimen must have been taken in accordance with the Scheme of Management (Rock Lobster Fisheries) Regulations 1991 and the Fisheries (General) Regulations 2000 in force under the Fisheries Act 1982 (South Australia).

 

Included on the list until 31/10/2008

Specimens that are or are derived from fish or invertebrates, taken in the South Australian Abalone Fishery, as defined in the management regime made under the South Australian Fisheries Act 1982 and Scheme of Management

(Abalone Fisheries) Regulations 1991, other than specimens that belong to species listed under Part 13 of the Act.

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.

 

Included on the list until 21/7/2009.

 

Specimens taken in the South Australian Beach-cast Seagrass and Marine Algae fishery, as defined in the Beach-cast Seagrass and Marine Algae Management Plan 2000, made under the South Australian Fisheries Act 1982 and the

Scheme of Management (Miscellaneous Fisheries) Regulations 1991, other than specimens that belong to species listed under Part 13 of the Act.

The specimen was taken lawfully.

 

Included on the list until 1/8/2009.

 

 

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the South Australian Blue Crab Fishery, as defined in the South Australian Fisheries

(Scheme of Management – Blue Crab Fishery) Regulations 1998 and the Fisheries (Scheme of

Management – Marine Scalefish Fisheries) Regulations 1991, made under the South Australian Fisheries Act 1982.

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.

 

Included on the list until 29/11/2009.

 

Specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the EPBC Act, taken in the South Australian Scallop and Turbo Fisheries, as defined in the South Australian Fisheries Act 1982, the Fisheries (Scheme of Management – Miscellaneous Fishery) Regulations 2000 and the Fisheries (General) Regulations 2000.

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.

 

The specimens are covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the EPBC Act in relation to the fisheries.

Specimens that are or are derived from fish or invertebrates, taken in the South Australian Pilchard Fishery, in accordance with the management arrangements legislated pursuant to the Scheme of Management (Marine Scalefish Fishery) Regulations 1989 made under the South Australian Fisheries Act 1992, other than specimens that belong to species listed under Part 13 of the Act.

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.

 

Included on the list until 15/10/2009.

 

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Spencer Gulf Prawn Fishery, the Gulf St Vincent Prawn Fishery and the West Coast Prawn Fishery, as defined in the management regime, made under the South Australian Scheme of Management (Prawn Fisheries) Regulations 1991 and the Fisheries (General) Regulations 2000.

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.

 

Included on the list until 3/11/2009.

 

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the South Australian Specimen Shell Fishery, as defined in the management regime, made under the South Australian Scheme of Management (Miscellaneous Fisheries) Regulations 1991 and the Fisheries (General) Regulations 2000, in force under the South Australian Fisheries Act 1982.

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.

 

Included on the list until 15/11/2009.

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, including biodiversity. This legislation aims to address gaps in the protection of native species and their habitats, ensuring that environmental considerations are integrated into decision-making processes. The Act was introduced by the Parliament of Australia, with the overarching policy objective of promoting ecologically sustainable development and the conservation of biological diversity. This particular legislative instrument amends the List of Exempt Native Specimens, removing certain specimens from the list to better align with the Australian Government's Guidelines for the ecologically sustainable management of fisheries. The changes were made following consultations with relevant Ministers and departments, including the Hon Rory McEwen, Minister for Agriculture Food and Fisheries, and the Department of Primary Industries and Resources, South Australia.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation designed to protect and conserve Australia’s environment, including native species and ecosystems. This particular amendment to the EPBC Act, as evidenced by the legislative instrument F2007L04567, concerns the removal of certain specimens from the list of exempt native specimens. These specimens, which include various fish and invertebrate species sourced from specific fisheries in South Australia, are no longer exempt from trade control provisions as they were previously. This change aligns with the Australian Government's Guidelines for the ecologically sustainable management of fisheries, ensuring that these species are managed in a way that sustains the ecological health of their habitats. The amendment applies to those who engage in the trade of these specified specimens, particularly within the fisheries identified in the Schedule, and it is effective as of the commencement date of the relevant provisions of the Fisheries Management Act 2007 (South Australia). The exclusion of these specimens from the list underscores the importance of regulated trade to protect biodiversity and ensure sustainable practices in the fishing industry.

Key Provisions

The primary sections of the Environment Protection and Biodiversity Conservation Act 1999 Amendment, as specified in the explanatory statement, pertain to the modification of the List of Exempt Native Specimens (section 303DB). Specifically, this legislative instrument seeks to remove certain specimens from the list of exempt native specimens. The specimens in question include those taken from various fisheries in South Australia, such as the Rock Lobster Fisheries, Abalone Fishery, Beach-cast Seagrass and Marine Algae Fishery, Blue Crab Fishery, Scallop and Turbo Fisheries, Pilchard Fishery, Prawn Fisheries, and Specimen Shell Fishery. These specimens were previously exempt from trade control provisions under the Act but will no longer be exempt following this amendment. The obligations imposed by the Act on the parties or entities it governs include adherence to the Australian Government's Guidelines for the ecologically sustainable management of fisheries. The Guidelines provide criteria for assessing the ecological sustainability of fisheries management arrangements. In making the decision to remove the specimens from the list of exempt native specimens, consideration was given to these guidelines. Additionally, consultation was undertaken with relevant Ministers and the Department of Primary Industries and Resources, South Australia, as stipulated by section 303DC(3)(c) of the Act. The removal of these specimens from the list is effective as of the commencement of the relevant provisions of the Fisheries Management Act 2007 (South Australia). The amendment includes provisions for offences, penalties, or civil/criminal consequences for breach, although specific details regarding these consequences are not provided in the explanatory statement. Generally, under the Environment Protection and Biodiversity Conservation Act 1999, breaches of the Act can result in both civil and criminal penalties. Civil penalties may include fines up to a maximum of $66,600 for individuals and $333,000 for corporations, depending on the nature and severity of the offence. Criminal penalties may include fines up to $660,000 for individuals and $3,300,000 for corporations, along with potential imprisonment terms for serious offences. The exact penalties would depend on the specific provisions breached and the circumstances surrounding the breach.

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