Amendment of List of Exempt Native Specimens – Aquaculture Multiple Fisheries December 2018

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2018L01796 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment of List of Exempt Native Specimens – Aquaculture Multiple Fisheries, December 2018

Prepared in accordance with Section 303DC

 

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

 

The effect of this instrument is to delete specimens from the list of exempt native specimens from seven approved aquaculture programs as specified in Schedule 1. The instrument also includes specimens in the list of exempt native specimens from the same seven aquaculture programs, with notations that inclusion of the specimens in the list are subject to restrictions or conditions that the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and that the specimens are included in the list until the dates specified in Schedule 2.

 

All state and territory legislation referred to in Schedule 2 to the instrument is incorporated as in force at the time this instrument commences. All state and territory legislation incorporated by reference in this instrument can be freely accessed on the following state and territory legislation websites:

  • New South Wales legislation at  www.legislation.nsw.gov.au (as of  December 2018)
  • Northern Territory legislation at www.legislation.nt.gov.au (as of December 2018)
  • Queensland legislation at https://www.legislation.qld.gov.au (as of December 2018)
  • South Australian legislation at www.legislation.sa.gov.au (as of December 2018)
  • Tasmanian legislation at https://www.legislation.tas.gov.au/ (as of December 2018)
  • Victorian legislation at http://www.legislation.vic.gov.au/ (as of December 2018)
  • Western Australian legislation at https://www.slp.wa.gov.au/Index.html (as of December 2018)

 

Commonwealth Acts and disallowable instruments (or instruments which were disallowable under Commonwealth legislation at any time before 1 January 2005) referred to in this instrument are incorporated as in force from time to time (section 14 of the Legislation Act 2003). However, references to Commonwealth instruments which are exempt from disallowance are incorporated as in force at the time this instrument commences (section 14 of the Legislation Act 2003).

 

All Commonwealth legislation can be freely accessed at the Federal Register of Legislation – https://www.legislation.gov.au/.

 

Revoking the conditions and imposing the conditions to which the inclusion of the specimens in the list of exempt native specimens is subject to will allow continued export of these specimens until 30 November 2028. The only effect of this amendment is to extend this date.

 

The list of exempt native specimens established under section 303DB(1) of the EPBC Act must not include a specimen that belongs to an eligible listed threatened species unless the conditions in subsection 303DB(6) are satisfied. Under the EPBC Act, eligible listed threatened species are those species listed in the extinct, extinct in the wild, critically endangered, endangered, or vulnerable categories established under section 178 of the EPBC Act (see sections 303BC and 528 of the EPBC Act. 

 

Those specimens that belong to species listed in the conservation dependent category of the EPBC Act are not eligible listed threatened species and may therefore be included in the list of exempt native specimens, subject to the conditions provided in the notation.

 

In accordance with section 303CA of the EPBC Act, specimens that are derived from taxa that are listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are not included in the list of exempt native specimens.

 

Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment must consult such other Commonwealth minister or ministers and such other minister or ministers of each state and self-governing territory, as the minister considers appropriate. The minister may also consult with such other persons and organisations as the minister considers appropriate. The relevant aquaculture management authorities have been consulted and supports amending the list of exempt native specimens to include product derived from multiple aquaculture facilities.

 

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

 

The instrument commences the day after it is registered.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Amendment of List of Exempt Native Specimens – Aquaculture Multiple Fisheries,

 December 2018

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The effect of this instrument is to delete specimens from the list of exempt native specimens from seven approved aquaculture programs as specified in Schedule 1. The instrument also includes specimens in the list of exempt native specimens from the same seven aquaculture programs, with notations that inclusion of the specimens in the list are subject to restrictions or conditions that the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and that the specimens are included in the list until the dates specified in Schedule 2.

 

Revoking the conditions and imposing the conditions to which the inclusion of the specimens in the list of exempt native specimens is subject to will allow continued export of these specimens until 30 November 2028. The only effect of this amendment is to extend this date.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch (Delegate of the Minister for the Environment)

Interactions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.