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 (the 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 include in the list of exempt native specimens the specimens and associated notations specified in the Schedule.
Listing of the specimens described in the Schedule on the list of exempt native specimens will allow continued export of these specimens for the period specified in the Schedule.
The rationale for the inclusion 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 Those regulations have recently been repealed and have been replaced with the Queensland Fisheries Regulations 2008 (which commenced on 1 April 2008).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 included on the list, and this instrument ensures that the descriptions of the specimens on the list refer to the current Queensland fisheries regulations. A separate instrument (Unique Identifying Number: EPBC303DC/SFS/2008/13) has deleted the previous entries of these specimens on the list which referenced the repealed regulations.
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 fisheries management arrangements. It was determined that the amendments did not affect the criteria on which the original EPBC Act decisions were made.
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: EBPC303DC/SFS/2008/12
SCHEDULE
Amendment to the List of Exempt Native Specimens
Taxon / Item | Notation |
Specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the EPBC Act, taken in the Queensland Coral Fishery, as defined in the management regime in force under Queensland’s Fisheries Act 1994 and Fisheries Regulation 2008 | 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 Act in relation to the fishery. |
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 Regulations 2008, 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 regime, made under the Queensland Fisheries Regulations 2008, 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 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 regime, made under the Queensland Fisheries Regulations 2008, 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 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 regime, made under the Queensland Fisheries Regulations 2008, 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 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 Regulations 2008 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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