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.

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 four fisheries managed by the Australian Fisheries Management Authority and two fisheries managed by the Western Australian Department of Fisheries. These fisheries and the specified dates are listed below.

The relevant Commonwealth fisheries are as follows:

-          Macquarie Island Toothfish Fishery until 14 October 2016

-          Southern Squid Jig Fishery until 14 October 2016

-          Torres Strait Finfish Fishery until 25 November 2016

-          Torres Strait Prawn Fishery until 16 December 2016.

The relevant Western Australian fisheries are as follows:

-          Octopus Fisheries until 17 March 2017

-          South Coast Trawl Fishery until 5 May 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 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 consulted with the Australian Fisheries Management Authority, and the Western Australian Department of Fisheries, as the Australian Fisheries Management Authority and the Western Australian Department of Fisheries have management responsibilities for the fishery concerned.

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.

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