Amendment of List of Exempt Native Specimens – Northern Territory Coastal Line Fishery, January 2019

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2019L00085 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment of List of Exempt Native Specimens – NORTHERN TERRITORY COASTAL LINE FISHERY, JANUARY 2019 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.

 

The effect of this instrument is to include the following specimens in the list of exempt native specimens:

 

  • specimens that are or are derived from fish or invertebrates, taken in the Northern Territory Coastal Line Fishery
  • as defined in the management regime in force under the Fisheries Act 1988 (Northern Territory (NT)) and Fisheries Regulations 1993 (NT), but not including,
  • specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
  • specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list),

 

with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:

 

  • the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
  • 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.

 

All state and territory legislation incorporated by reference in this instrument can be freely accessed on the following state and territory legislation websites:

  • Northern Territory legislation at www.legislation.nt.gov.au (as of January 2019)

 

Commonwealth Acts and disallowable instruments (or instruments which were disallowable under Commonwealth legislation at any time before 1 January 2005) referred to in this instrument are incorporated as in force from time to time (section 14 of the Legislation Act 2003). However, references to Commonwealth instruments which are exempt from disallowance are incorporated as in force at the time this instrument commences (section 14 of the Legislation Act 2003).

 

All Commonwealth legislation can be freely accessed at the Federal Register of Legislation – https://www.legislation.gov.au/.

 

Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens, without requiring export permits, while an approved wildlife trade operation declaration for the fishery is in force.

 

The list of exempt native specimens established under section 303DB(1) of the EPBC Act must not include a specimen that belongs to an eligible listed threatened species unless the conditions in subsection 303DB(6) are satisfied. Under the EPBC Act, eligible listed threatened species are those species listed in the extinct, extinct in the wild, critically endangered, endangered, or vulnerable categories established under section 178 of the EPBC Act (see sections 303BC and 528 of the EPBC Act. 

 

Those specimens that belong to species listed in the conservation dependent category of the EPBC Act are not eligible listed threatened species and may therefore be included in the list of exempt native specimens, subject to the conditions provided in the notation.

 

In accordance with section 303CA of the EPBC Act, specimens that are derived from taxa that are listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are not included in the list of exempt native specimens.

 

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. The applicant Mr Campbell G. Druitt (Licence holder) and the Northern Territory Department of Primary Industry and Resources have been consulted and supports amending the list of exempt native specimens to include product derived from the Northern Territory Coastal Line Fishery. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of the Environment and Energy’s website and comment was invited from interested people for a period of 55 business days. No comments were received.

 

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

 

The instrument commences the day after it is registered.

 

 

 

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

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Amendment of List of Exempt Native Specimens – NORTHERN TERRITORY COASTAL LINE FISHERY, JANUARY 2019

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The effect of this instrument is to include the following specimens in the list of exempt native specimens:

 

  • specimens that are or are derived from fish or invertebrates, taken in the Northern Territory Coastal Line Fishery as defined in the management regime in force under the Fisheries Act 1988 (NT) and Fisheries Regulations 1993 (NT), but not including,
  • specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
  • specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list),

 

with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:

 

  • the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
  • 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.

 

Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens, without requiring export permits, while an approved wildlife trade operation declaration for the fishery is in force.

 

Human rights implications

 

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch (Delegate of the Minister for the Environment).

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and conserve Australia's environment, particularly its biodiversity and heritage, while also facilitating sustainable development. This Act was introduced by the Parliament of Australia to provide a cohesive approach to managing environmental impacts, including those arising from trade in native specimens. Under the EPBC Act, a list of exempt native specimens has been established to facilitate the trade of certain native species while ensuring that threatened species and those subject to international trade agreements are adequately protected. The policy objective of the amendment to the list of exempt native specimens, as outlined in the legislative instrument F2019L00085, is to streamline the export process for specimens derived from the Northern Territory Coastal Line Fishery, subject to specific conditions and restrictions to protect endangered species and comply with international obligations under CITES. This amendment was made to support the ecological sustainability of the fishery, as per the Australian Government’s guidelines, and ensures that the trade of these specimens can proceed without the need for export permits, provided the relevant conditions are met.

Scope and Application

This legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by adding certain specimens to the list of exempt native specimens, thereby exempting them from the trade control provisions that apply to regulated native specimens. Specifically, the amendment includes specimens of fish or invertebrates taken in the Northern Territory Coastal Line Fishery as defined under the Fisheries Act 1988 (NT) and Fisheries Regulations 1993 (NT), provided they do not belong to eligible listed threatened species under section 303BC of the EPBC Act or to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list). The inclusion of these specimens in the list of exempt native specimens is subject to the conditions that the specimens were taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery. This amendment facilitates the export of these specimens without the need for export permits, while an approved wildlife trade operation declaration for the fishery is in force. The instrument applies nationally and is a legislative instrument under the Legislation Act 2003. It is compatible with human rights as it does not raise any human rights issues, as evidenced by the Statement of Compatibility prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of the legislation are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens, while section 303DC outlines the process for amending this list. Specifically, section 303DC(3) mandates that before the Minister for the Environment and Energy can amend the list, they must consult relevant Commonwealth ministers, state ministers, and other appropriate persons and organisations. This legislative instrument aims to include certain fish and invertebrate specimens from the Northern Territory Coastal Line Fishery in the list of exempt native specimens. The Act imposes several obligations and requirements on the parties involved. Firstly, specimens included in the list must not belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or taxa listed under section 303CA of the EPBC Act (Australia’s CITES list). Secondly, the specimens must be derived from fish or invertebrates taken in the Northern Territory Coastal Line Fishery as defined in the management regime under the Fisheries Act 1988 (NT) and Fisheries Regulations 1993 (NT). Furthermore, the specimens must be taken lawfully and must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery. These conditions ensure that only sustainably managed and legally harvested specimens are exempt from the trade control provisions. Under the EPBC Act, there are potential civil and criminal consequences for non-compliance with the provisions of the Act. For example, section 477 of the EPBC Act sets out various offences, including the unauthorised taking or trade of native specimens. Offences under the Act can result in significant penalties, including substantial fines and imprisonment. Specifically, for corporations, the maximum penalty for serious and repeated offences can be up to $210,000, and for individuals, the maximum penalty can be up to $30,000 or imprisonment for up to two years, or both. Additionally, the Minister can seek an injunction to prevent further breaches, and any specimens obtained through unlawful activities may be subject to forfeiture. These penalties underscore the importance of adhering to the requirements of the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.