EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC(1)
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 from the list specimens and any associated restrictions or conditions as set out in Schedule 1, and include in the list specimens and associated restrictions or conditions as set out in Schedule 2.
SCHEDULE 1
Taxon/Item | Common Name | Notation |
Specimens that are or are derived from fish or invertebrates, other than: specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list) taken in the Coral Sea Fishery, as defined in the Commonwealth Fisheries Management Regulations 1992. | Coral Sea Fishery | 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 fishery. |
SCHEDULE 2
Taxon/Item | Common Name | Notation |
Specimens that are or are derived from fish or invertebrates, other than: specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list) taken in the Coral Sea Fishery, as defined in the Commonwealth Fisheries Management Act 1991 and the Commonwealth Fisheries Management Regulations 1992. | Coral Sea Fishery | the specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and the specimens are included in the list until 30 June 2017. |
References to definitions in instruments made under or in force under legislation are to be read as references to provisions in those instruments and legislation as in force from time to time.
Revoking the conditions in Schedule 1 and imposing the conditions in Schedule 2 to which the inclusion of the specimens in the list of exempt native specimens is subject will allow continued export of these specimens until 30 June 2017.
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. In this instance, the Delegate of the Minister for the Environment and Energy consulted with the Australian Fisheries Management Authority as the Australian Fisheries Management Authority has management responsibilities for the fishery concerned.
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 Legislation.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES