Amendment of List of Exempt Native Specimens – Commonwealth Coral Sea and Western Trawl Fisheries, Tasmanian King Island Cast Bull Kelp Fishery, Torres Strait Finfish, Prawn and Trochus Fisheries, and Western Australian South Coast Crustacean Fishery and Approved Aquaculture Operations, June 2017

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2017L00798 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 (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 instrument deletes specimens from the list of exempt native specimens that are taken in seven fisheries and seven approved aquaculture programs specified in Schedule 1. The instrument also includes specimens from the same seven fisheries and seven approved aquaculture programs 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.

 

The relevant fisheries and aquaculture programs are as follows:

        Commonwealth Coral Sea Fishery

        Commonwealth Western Trawl Fisheries (Cth)

        Tasmanian King Island Cast Bull Kelp Fishery

        Torres Strait Finfish Fishery (Cth)

        Torres Strait Prawn Fishery (Cth)

        Torres Strait Trochus Fishery

        Western Australian South Coast Crustacean Fishery

        Approved aquaculture programs in New South Wales

        Approved aquaculture programs in Northern Territory

        Approved aquaculture programs in Queensland

        Approved aquaculture programs in South Australia

        Approved aquaculture programs in Tasmania

        Approved aquaculture programs in Victoria

        Approved aquaculture programs in Western Australia

 

Non Commonwealth Acts and disallowable instruments that are incorporated by reference in this instrument are to be incorporated as in force from time to time. All State and Territory legislation incorporated by reference in this instrument can be freely accessed on the relevant State legislation websites:

  • New South Wales legislation at  www.legislation.nsw.gov.au (as of May 2017)
  • Northern Territory legislation at www.legislation.nt.gov.au (as of May 2017)
  • Queensland legislation at https://www.legislation.qld.gov.au/OQPChome.htm (as of May 2017)
  • South Australian legislation at www.legislation.sa.gov.au (as of May 2017)
  • Tasmanian legislation at http://www.thelaw.tas.gov.au/index.w3p (as of May 2017)
  • Victorian legislation at http://www.legislation.vic.gov.au/ (as of May 2017)
  • Western Australian legislation at www.slp.wa.gov.au (as of May 2017)

 

The effect of this instrument is to extend the export approval for the specimens until the dates specified in Schedule 2.

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, the Department of Primary Industries, Parks and Water and Environment, and relevant aquaculture management authorities have been consulted and support amending the list of exempt native specimens to include product derived from the fisheries and produced in the aquaculture programs.

 

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

 

The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.


 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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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.