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 on 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 of exempt native specimens the specimens and any and associated notations specified in the Schedule.
The rationale for the deletion was to align EPBC Act instruments with administrative amendments made to the Queensland Fisheries Regulation 1995. Those regulations have recently been repealed and have been replaced with the Queensland Fisheries Regulations 2008 (which commenced on 1 April 2008). The specimens are required to be deleted from the list as the description of the specimens refers to the repealed regulations. A separate instrument (Unique Identifying Number: EPBC303DC/SFS/2008/12) will ensure that the specimens are included on the List of Exempt Native Specimens with references to the current arrangements in place in Queensland for the fisheries concerned.
Consultation was undertaken in accordance with subsection 303DC(3) of the EPBC Act. This subsection requires consultation to take place with other Ministers (including Ministers of States and self-governing Territories) and other such persons and organisations, as considered appropriate. In this instance, consultation took place with the Queensland Department of Primary Industry and Fisheries. Consultation with other Ministers and the wider community was not undertaken as the instrument is considered to be of a machinery nature required to reflect the change in the Queensland fisheries legislation, and did not affect the assessment criteria on which the original EPBC Act instruments were granted.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Unique Identifying Number: EPBC303DC/SFS/2008/13
SCHEDULE
Deletion from the List of Exempt Native Specimens
Taxon /Item | 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, taken in the East Coast Pearl Fishery, as defined in the regime, made under the Queensland Fisheries Regulation 1995, in force under the Fisheries Act 1994. | The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.
Included on the list until 20/1/2010 |
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, taken in the Queensland Eel Fishery, as defined in the management regime, made under the Queensland Fisheries Act 1994 and the Fisheries Regulation 1995. | The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.
Included on the list until 3/11/2009.
|
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, taken in the Queensland Marine Specimen Shell Fishery, as defined in the management regime, made under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 1995. | The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.
Included on the list until 12/11/2009.
|
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, taken in the Queensland Mud Crab Fishery, as defined in the management regime in force under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 1995. | The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.
Included on the list until 24/8/2012.
|
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, taken in the Queensland Spanner Crab Fishery, as defined in the regime made under the Fisheries (Spanner Crab) Management Plan 1999 and the Queensland Fisheries Regulation 1995 in force under the Fisheries Act 1994. | The specimen, or the fish or invertebrate from which it is derived, was taken lawfully.
Included on the list until 5/2/2012.
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