Amendment of List of Exempt Native Specimens – Australia’s High Seas Permits, May 2018

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2018L00617 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment of List of Exempt Native Specimens – Australia’s High Seas Permits, May 2018

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 taken in Australia’s High Seas Permits specified in Schedule 1. The instrument also includes specimens from the same Australia’s High Seas Permits in the list of exempt native specimens, 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.

 

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/.

 

Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens until the date specified in Schedule 2. The only effect of this amendment is to simply the name of the fishery, and to extend the specified 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.

 

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 – 2nd Edition.' Those Guidelines establish the criteria for assessment of the ecological sustainability of the relevant fishery’s management arrangements.

 

 

 

 

 

 

Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment and Energy 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 Australian Fisheries Management Authority has been consulted and supports amending the list of exempt native specimens to include product derived from the Commonwealth High Seas Fishery. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of the Environment and Energy’s website and comment was invited from interested people for a period of 29 business days. No comments were received.

 

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 – Australia’s High Seas Permits, May 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 taken in Australia’s High Seas Permits specified in Schedule 1. The instrument also includes specimens from the same Australia’s High Seas Permits in the list of exempt native specimens, 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.

 

Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens until the date specified in Schedule 2. The only effect of this amendment is to extend the specified 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 and Energy)

 

 

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act aims to achieve ecologically sustainable development through the protection and conservation of biodiversity. The legislative instrument in question, F2018L00617, amends the List of Exempt Native Specimens under the EPBC Act by deleting certain specimens from the list and adding others from Australia’s High Seas Permits, subject to specific conditions. The amendment was introduced to refine the management of native specimens derived from high seas fisheries, ensuring their export remains compliant with both domestic and international environmental laws. The Australian Government’s consultation process, including consultation with the Australian Fisheries Management Authority, supports these amendments, which align with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative instrument, which does not raise any human rights issues, was registered in accordance with the Legislation Act 2003 and 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.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of List of Exempt Native Specimens – Australia’s High Seas Permits, May 2018 applies to specimens taken in Australia’s High Seas Permits as specified in Schedule 1, affecting the trade control provisions under the EPBC Act. This instrument modifies the list of exempt native specimens by deleting certain specimens while including others, subject to conditions such as lawful taking and the inclusion date specified in Schedule 2. The amendment applies nationwide, encompassing all entities and individuals involved in the trade of these specimens. However, specimens belonging to eligible listed threatened species or those listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are not included in the list. This legislative instrument is subject to consultation requirements outlined in section 303DC of the EPBC Act and was advertised on the Department of the Environment and Energy’s website, though no comments were received. The instrument is compatible with human rights, as it does not raise any human rights issues and has been assessed under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of the legislation involve amendments to the list of exempt native specimens as per section 303DB(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC enables the Minister for the Environment and Energy to amend the list of exempt native specimens. This amendment involves deleting certain specimens from the list and adding others, subject to specific conditions and restrictions as detailed in Schedule 1 and Schedule 2 of the legislation. These changes will allow for the export of these specimens until the dates specified in Schedule 2, with the only effect being an extension of these dates. Furthermore, section 303DB(6) ensures that specimens belonging to eligible listed threatened species cannot be included in the list unless specific conditions are met, and section 303CA excludes specimens derived from taxa listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The obligations imposed by this Act on the parties involved are primarily administrative and procedural. The Minister for the Environment and Energy must consult with relevant ministers and stakeholders before making amendments to the list, as stipulated in subsection 303DC(3). This requirement ensures that the amendments are made with adequate consideration of ecological and legal factors. Additionally, the proposal to amend the list was advertised on the Department of the Environment and Energy’s website, inviting comments from interested parties for 29 business days, although no comments were received. The Australian Fisheries Management Authority has been consulted and supports the amendment, reinforcing the regulatory framework's adherence to sustainable management practices. The legislation does not explicitly outline offences, penalties, or civil/criminal consequences for breaches within its text. However, the EPBC Act itself provides a framework for enforcement, including potential fines and imprisonment for violations related to the trade of regulated native specimens. Under the EPBC Act, unauthorised actions concerning listed threatened species can lead to substantial penalties. The Act also allows for civil penalties, which can include fines up to $666,000 for corporations and $133,000 for individuals, as well as potential criminal penalties that might include imprisonment, reflecting the seriousness with which the Act treats breaches of its provisions.

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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.