Amendment of List of Exempt Native Specimens – Northern Territory Demersal Fishery and Northern Territory Timor Reef Fishery, March 2019

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2019L00353 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 Demersal Fishery and Northern Territory Timor Reef Fishery, March 2019

(Issued by the authority of the Minister for the Environment)

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 delete specimens from the list of exempt native specimens taken in the two fisheries specified in Schedule 1. The instrument also includes specimens from the same two fisheries in the list of exempt native specimens, with notations that inclusion of the specimens in the list are subject to restrictions or conditions that the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and that the specimens are included in the list until the dates specified in Schedule 2.

 

The relevant fisheries are as follows:

  • Northern Territory Demersal Fishery
  • Northern Territory Timor Reef Fishery

 

All state and territory legislation referred to in Schedule 2 to the instrument is incorporated as in force at the time this instrument commences. All state and territory legislation incorporated by reference in the instrument can be freely accessed on the following state and territory legislation websites:

  • Northern Territory legislation at www.legislation.nt.gov.au (as of March 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/.

 

The effect of this instrument is to continue the export approval for the specimens taken in this fishery until the dates specified in Schedule 2.

 

A strategic assessment under the provisions of Part 10 of the EPBC Act is required only for fisheries managed under the Fisheries Management Act 1991 (Cwth) or the Torres Strait Fisheries Act 1984 (Cwth). The Australian Government and Northern Territory governments have negotiated Offshore Constitutional Settlement (OCS) arrangements that mandate each jurisdiction’s responsibilities for managing the different fisheries resources in inshore and offshore areas. Under the OCS arrangements commercial fisheries managed by the Northern Territory may operate in Commonwealth waters, but operators are subject to federal laws in relation to interactions with protected species and ecological communities, and for impacts on the Commonwealth marine area.

 

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.' The Guidelines establish the criteria for assessing the ecological sustainability of the relevant fisheries’ 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. The Northern Territory Department of Primary Industry and Resources has been consulted and supports amending the list of exempt native specimens to include product derived from the Northern Territory Demersal Fishery and the Northern Territory Timor Reef Fishery.

 

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 WITH HUMAN RIGHTS

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 Demersal Fishery and Northern Territory Timor Reef Fishery, March 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 delete specimens from the list of exempt native specimens taken in two fisheries specified in Schedule 1. The instrument also includes specimens from the same two fisheries in the list of exempt native specimens, with notations that inclusion of the specimens in the list are subject to restrictions or conditions that the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and that the specimens are included in the list until the dates specified in Schedule 2.

 

The only effect of this instrument is to extend the export approval until the dates specified in Schedule 2.

 

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 provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation, including its various amendments, seeks to balance environmental protection with economic activities, ensuring sustainable use of natural resources. One such amendment, F2019L00353, pertains to the amendment of the List of Exempt Native Specimens for the Northern Territory Demersal Fishery and the Northern Territory Timor Reef Fishery. This legislative instrument, issued under the authority of the Minister for the Environment, adjusts the list of exempt native specimens to reflect current management practices and legal requirements, ensuring that only lawfully taken specimens are included until specified dates. The policy objective here is to maintain ecological sustainability and compliance with both state and federal laws, while facilitating the export of specimens derived from these fisheries.

Scope and Application

This legislative instrument amends the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999, specifically targeting the Northern Territory Demersal Fishery and the Northern Territory Timor Reef Fishery. The amendment removes certain specimens from the list of exempt native specimens and adds others with the stipulation that their inclusion is subject to specific conditions. These conditions require that the specimens were taken lawfully and remain on the list until specified dates outlined in Schedule 2. The instrument operates within the Commonwealth jurisdiction, adhering to the requirements set forth under the EPBC Act, and considers the Offshore Constitutional Settlement arrangements that outline the responsibilities of the Australian Government and Northern Territory in managing fisheries resources. The instrument does not affect specimens belonging to eligible listed threatened species or those listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This legislative instrument is a formal instrument under the Legislation Act 2003 and comes into effect the day after registration. It also complies with the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The key provisions of the legislation primarily involve the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303DC). This amendment specifically affects specimens taken from the Northern Territory Demersal Fishery and the Northern Territory Timor Reef Fishery. The legislative instrument removes certain specimens from the list of exempt native specimens and includes others, subject to conditions. These conditions include that the specimens must have been taken lawfully and must remain in the list until specified dates detailed in Schedule 2 (section 303DB). Additionally, the list cannot include specimens of eligible listed threatened species unless specific conditions are satisfied (section 303BC and 528). Specimens derived from taxa listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are also excluded (section 303CA). The Act imposes several obligations on the parties involved. It requires that specimens included in the list of exempt native specimens must comply with all relevant legal conditions and restrictions. This means that any specimens must be derived from lawfully taken fish or invertebrates and must adhere to the specified dates outlined in Schedule 2. Furthermore, the Minister for the Environment must consult with relevant ministers and other appropriate persons or organisations before making any amendments to the list (section 303DC(3)). The Northern Territory Department of Primary Industry and Resources has already been consulted and supports these amendments. There are potential consequences for breaching the conditions stipulated by this legislation. While the Act itself does not specify particular offences, penalties, or civil/criminal consequences, breaches of the conditions under which specimens are included in the list could lead to legal action under broader environmental and wildlife protection laws. These broader laws could impose fines, imprisonment, or other penalties as appropriate for the violation. The specific penalties would depend on the nature and severity of the breach, as well as the relevant state or territory laws.

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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.