Amendment of List of Exempt Native Specimens - Freshwater and Marine Animals (28/09/2016)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2016L01572 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment of the List of Exempt Native Specimens in accordance with Section 303DC(1)(a)

 

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.

 

This instrument varies conditions to which inclusion of specimens in the list of exempt native specimens are subject, to allow continued export approval of the specimens until the specified dates. The relevant specimens are those taken in seven fisheries and multiple approved aquaculture programs managed respectively by the Australian Fisheries Management Authority; New South Wales Department of Primary Industries; Northern Territory Department of Primary Industry and Fisheries; Queensland Department of Agriculture and Fisheries; South Australian Department of Primary Industries and Regions; Tasmanian Department of Primary Industries, Parks, Water and Environment; Victorian Department of Economic Development, Jobs, Transport and Resources; and Western Australian Department of Fisheries. The seven fisheries and multiple approved aquaculture programs and the specified dates for inclusion are listed below:  

 

-          Commonwealth Southern Bluefin Tuna Fishery – 16 December 2016

-          Commonwealth Western Trawl Fisheries – 30 June 2017

-          Torres Strait Finfish Fishery – 4 August 2017

-          Torres Strait Prawn Fishery – 4 August 2017

-          South Australian Scallop and Turbo Fisheries – 30 June 2017

-          South Australian Specimen Shell Fishery – 30 June 2017

-          South Australian Sea Urchin Fishery – 30 June 2017

-          Aquaculture (all jurisdictions except ACT) – 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.

 

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; New South Wales Department of Primary Industries; Northern Territory Department of Primary Industry and Fisheries; Queensland Department of Agriculture and Fisheries; South Australian Department of Primary Industries and Regions; Tasmanian Department of Primary Industries, Parks, Water and Environment; Victorian Department of Economic Development, Jobs, Transport and Resources; and Western Australian Department of Fisheries as these agencies have management responsibilities for the seven fisheries and multiple approved aquaculture programs 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.

 

 

 

 

 

SCHEDULE 1

 

Under the heading Freshwater and Marine Animals vary the list to include the following items and any associated notations:

 

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, taken in the Southern Bluefin Tuna Fishery, as defined in the Southern Bluefin Tuna Fishery Management Plan 1995 (as amended), in force under the Commonwealth Fisheries Management Act 1991.

Southern Bluefin Tuna Fishery (Cth)

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and,

The specimens are included in the list until 16 December 2016.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Western Deepwater Trawl Fishery and North West Slope Trawl Fishery.

Western Trawl Fisheries (Cth)

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.

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 Torres Strait Finfish Fishery, as defined in the Torres Strait Finfish Fishery Management Plan 2013 in force under the Torres Strait Fisheries Act 1984.

Torres Strait Finfish Fishery (Cth)

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and,

The specimens are included in the list until 4 August 2017.

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 Torres Strait Prawn Fishery, as defined in the Torres Strait Prawn Fishery Management Plan 2009 in force under the Torres Strait Fisheries Act 1984.

Torres Strait Prawn Fishery (Cth)

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and,

The specimens are included in the list until 4 August 2017.

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 South Australian Scallop and Turbo Fisheries, as defined in the South Australian Fisheries Management Act 2007, the Fisheries Management (Miscellaneous Fishery) Regulations 2000 and the Fisheries Management (General) Regulations 2007.

Scallop and Turbo Fishery (SA)

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.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the South Australian Specimen Shell Fishery, as defined in the Fisheries Management (Miscellaneous Fishery) Regulations 2000 and the Fisheries Management (General) Regulations 2007 in force under the Fisheries Management Act 2007 (South Australia).

Specimen Shell Fishery (SA)

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.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the South Australian Sea Urchin Fishery.

Sea Urchin Fishery (SA)

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.

Specimens that are derived from fish or aquatic invertebrates or aquatic plants, other than specimens that belong to species listed under Part 13 of the EPBC Act and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), produced in aquaculture facilities operating in accordance with the New South Wales Fisheries Management Act 1994 and subordinate legislation.

Approved aquaculture programs in New South Wales

The specimen, or the fish or invertebrate from which it was derived, was produced lawfully in an aquaculture facility; and,

The specimens are included in the list until 30 June 2017.

Specimens that are derived from fish or aquatic invertebrates or aquatic plants, other than specimens that belong to species listed under Part 13 of the EPBC Act and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), produced in aquaculture facilities operating in accordance with the Northern Territory Fisheries Act 1988 and subordinate legislation.

Approved aquaculture programs in Northern Territory

The specimen, or the fish or invertebrate from which it was derived, was produced lawfully in an aquaculture facility; and,

The specimens are included in the list until 30 June 2017.

Specimens that are derived from fish or aquatic invertebrates or aquatic plants, other than specimens that belong to species listed under Part 13 of the EPBC Act and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), produced in aquaculture facilities operating in accordance with the Queensland Fisheries Act 1994 and subordinate legislation.

Approved aquaculture programs in Queensland

The specimen, or the fish or invertebrate from which it was derived, was produced lawfully in an aquaculture facility; and,

The specimens are included in the list until 30 June 2017.

Specimens that are derived from fish or aquatic invertebrates or aquatic plants, other than specimens that belong to species listed under Part 13 of the EPBC Act and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), produced in aquaculture facilities operating in accordance with the South Australian Aquaculture Act 2001 and Fisheries Management Act 2007 and subordinate legislation.

Approved aquaculture programs in South Australia

The specimen, or the fish or invertebrate from which it was derived, was produced lawfully in an aquaculture facility; and,

The specimens are included in the list until 30 June 2017.

Specimens that are derived from fish or aquatic invertebrates or aquatic plants, other than specimens that belong to species listed under Part 13 of the EPBC Act and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), produced in aquaculture facilities operating in accordance with the Tasmanian Living Resources Management Act 1995 and subordinate legislation.

Approved aquaculture programs in Tasmania

The specimen, or the fish or invertebrate from which it was derived, was produced lawfully in an aquaculture facility; and,

The specimens are included in the list until 30 June 2017.

Specimens that are derived from fish or aquatic invertebrates or aquatic plants, other than specimens that belong to species listed under Part 13 of the EPBC Act and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), produced in aquaculture facilities operating in accordance with the Victorian Fisheries Act 1995 and subordinate legislation.

Approved aquaculture programs in Victoria

The specimen, or the fish or invertebrate from which it was derived, was produced lawfully in an aquaculture facility; and,

The specimens are included in the list until 30 June 2017.

Specimens that are derived from fish or aquatic invertebrates or aquatic plants, other than specimens that belong to species listed under Part 13 of the EPBC Act and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), produced in aquaculture facilities operating in accordance with the Western Australian Fish Resources Management Act 1994 and subordinate legislation.

Approved aquaculture programs in Western Australia

The specimen, or the fish or invertebrate from which it was derived, was produced lawfully in an aquaculture facility; and,

The specimens are included in the list until 30 June 2017.

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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. The Act addresses various gaps in environmental protection by establishing a framework for the conservation of biodiversity and the sustainable use of natural resources. This legislation was introduced by the Parliament of Australia to ensure that development and other activities do not have a significant adverse impact on the environment. The EPBC Act empowers the federal government to regulate activities that may impact the environment, including the trade of native species. The Act was amended to include a list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. This amendment was introduced to facilitate the continued export of certain native specimens derived from fisheries and aquaculture programs until specified dates, ensuring that these activities can continue without unnecessary regulatory barriers while maintaining environmental sustainability.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of the environment and biodiversity, and the regulation of activities that may have a significant impact on the environment. This legislation encompasses a broad range of entities, including individuals, corporations, and government agencies, involved in activities that may affect the environment. The Act's jurisdiction extends across Australia, including Commonwealth, state, and territory levels. It provides for the establishment and management of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The listed specimens include those taken in seven fisheries and multiple approved aquaculture programs managed by various state and territory authorities. These specimens are exempt until specified dates, as detailed in the instrument, ensuring continued export approval until those dates. The Act mandates consultations with relevant authorities and stakeholders before amending the list of exempt native specimens, reflecting the ecological sustainability guidelines set by the Australian Government. This legislative instrument commenced on the day after its registration on the Federal Register of Legislation.

Key Provisions

The main operative sections of this legislation (F2016L01572) pertain to the amendment of the list of exempt native specimens under Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DC(1)(a) provides the authority to amend the list, and Section 303DC(3) requires consultation with relevant ministers and authorities before making any amendments. The list includes specimens taken in seven fisheries and multiple approved aquaculture programs managed by various state and territory authorities. The list specifies the types of specimens, the fisheries and aquaculture programs they are associated with, and the dates until which they will remain exempt from trade control provisions. These specimens must be taken lawfully and must not belong to species listed under Part 13 of the EPBC Act, which pertains to threatened species, or taxa listed under section 303CA, which pertains to Australia's CITES list. The Act imposes obligations on the parties involved, requiring them to ensure that the specimens are taken lawfully and comply with the conditions set out in the amended list. The responsible authorities must manage the fisheries and aquaculture programs in accordance with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries’. Additionally, the Minister for the Environment and Energy must consult with relevant ministers and authorities before amending the list of exempt native specimens. The consultation process ensures that all stakeholders are informed and that the amendments are made in accordance with the criteria for ecological sustainability. Breaching the conditions set out in the amended list, such as exporting specimens beyond the specified dates or exporting specimens that do not meet the lawful and compliance criteria, may result in various penalties. The exact penalties are not specified in the document but can generally include fines, imprisonment, or both, depending on the severity of the breach. The consequences for non-compliance can also include the revocation of export approvals and legal action under the EPBC Act. These penalties are intended to enforce compliance with the ecological sustainability guidelines and the conservation objectives of the Act.

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