Amendment of the List of Exempt Native Specimens - Rock Lobster Fishery, SA (23/10/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive protection of the environment and biodiversity, providing a framework for the management and conservation of Australia's natural resources. This Act was introduced by the Parliament of Australia to ensure that the trade and use of native specimens do not adversely affect the environment and biodiversity. One of the mechanisms provided by the Act is the establishment of a list of exempt native specimens, which are exempt from the trade control provisions applicable to regulated native specimens. This legislative amendment, issued under the authority of the Minister for the Environment, Heritage and the Arts, seeks to include certain specimens taken in the South Australian Rock Lobster Fishery in this list of exempt native specimens. The inclusion is subject to conditions, such as the lawful taking of the specimens and a specified duration until 31 October 2013. The decision to amend the list was made in consultation with relevant stakeholders and after considering public feedback, in line with the policy objective of ensuring the ecologically sustainable management of fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as implemented through the legislative instrument F2008L04176, pertains to the exemption of certain native specimens from the trade control provisions that typically apply to regulated native specimens. Specifically, the amendment includes specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken within the South Australian Rock Lobster Fishery. This inclusion is subject to the condition that the specimens were taken lawfully and remains in effect until 31 October 2013. The decision to amend the list was guided by the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries and involved consultations with relevant South Australian Ministers and departments, as well as a public comment period. This legislative instrument operates within the Commonwealth jurisdiction and is effective from the day it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation, as detailed in the explanatory statement, pertain to Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which governs the amendment of the list of exempt native specimens. This section allows the Minister for Environment, Heritage and the Arts to include or exclude specimens from the list of those exempt from trade control provisions, provided the specimens meet certain criteria. In this instance, specimens that are or are derived from fish or invertebrates taken in the South Australian Rock Lobster Fishery are listed as exempt until 31 October 2013, provided they were taken lawfully and belong to species not listed under Part 13 of the EPBC Act. This legislation imposes several obligations on the parties it governs. Firstly, it requires that any specimens included on the list of exempt native specimens must be taken lawfully. This means that they must be harvested in compliance with all relevant fishing laws and regulations, such as those outlined in the South Australian Fisheries Management Act 2007 and its associated regulations. Secondly, the inclusion of specimens on the list is time-bound, with the exemption applying only until 31 October 2013. This imposes a temporal limit on the continued export of these specimens, after which they will be subject to the trade control provisions applicable to regulated native specimens. The legislation also includes provisions for consultation and public participation in the decision-making process. Before amending the list of exempt native specimens, the Minister must consult with relevant stakeholders, including the South Australian Minister for Agriculture, Food and Fisheries and the Department of Primary Industries and Resources South Australian, as they have management responsibilities for the fishery. Additionally, the proposal to amend the list was advertised on the Department of the Environment, Water, Heritage and the Arts' (DEWHA) website, and comments were invited from interested parties for a period of 20 days. All comments received were taken into account in the final decision to include the fishery on the list of exempt native specimens. Failure to comply with the provisions of this legislation could result in civil or criminal consequences. While the explanatory statement does not specify the exact penalties for non-compliance, the general provisions of the EPBC Act allow for substantial fines and, in some cases, imprisonment for breaches related to the trade of native specimens. The maximum penalties would depend on the nature and severity of the breach, as well as any relevant state or territory laws that may also apply. It is important for parties involved in the trade of these specimens to ensure they adhere to the legal requirements to avoid any potential penalties or consequences.