Amendment of List of Exempt Native Specimens – Northern Territory Offshore Net and Line Fishery, March 2019

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2019L00441 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 Offshore Net and Line 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 Northern Territory Offshore Net and Line Fishery specified in Schedule 1. The instrument also includes specimens from the same Northern Territory Offshore Net and Line Fishery 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 fishery is as follows:

  • Northern Territory Offshore Net and Line 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/.

 

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. A link to the declaration is accessible via the Department’s website at http://www.environment.gov.au/marine/fisheries/nt/offshore-net-line.

 

A strategic assessment under the provisions of Part 10 of the EPBC Act is only required for fisheries managed under the Fisheries Management Act 1991 (Cwth) or the Torres Strait Fisheries Act 1984 (Cwth). The Australian Government and State/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 States/NT 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.' 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. 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 Offshore Net and 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 20 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.

 

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 Offshore Net and Line 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 the Northern Territory Offshore Net and Line Fishery specified in Schedule 1. The instrument also includes specimens from the same Northern Territory Offshore Net and Line Fishery 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 while a declaration as an approved wildlife trade operation is in place for the fishery as specified in Schedule 2.

 

The only effect of this instrument is to extend the export approval while a declaration as an approved wildlife trade operation is in place for the fishery. A link to the declaration is accessible via the Department’s webpage for this fishery at http://www.environment.gov.au/marine/fisheries/nt/offshore-net-line.

 

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.

 

John Gibbs, 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 Act was introduced to address the need for a comprehensive framework to manage the impacts of activities, including fishing, on the environment and biodiversity. Enacted by the Australian Parliament, the policy objective of the EPBC Act is to promote the sustainable use of natural resources and protect threatened species and ecological communities. The legislative instrument F2019L00441 amends the list of exempt native specimens under the EPBC Act, specifically concerning the Northern Territory Offshore Net and Line Fishery. The instrument removes certain specimens from the list of exempt native specimens and adds others with conditions ensuring that they were taken lawfully and are included in the list only while a declaration as an approved wildlife trade operation is in force for the fishery. This change facilitates the export of these specimens without requiring export permits, provided the specified conditions are met. The decision to amend the list was made after consulting relevant authorities and considering public comments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of List of Exempt Native Specimens – Northern Territory Offshore Net and Line Fishery, March 2019, applies to the management and regulation of native specimens derived from the Northern Territory Offshore Net and Line Fishery. This legislative instrument amends the list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens under the EPBC Act. The amendments involve removing certain specimens from the list and adding others with specified conditions, such as ensuring they are taken lawfully and that an approved wildlife trade operation declaration for the fishery is in force. This instrument is applicable nationally, extending the export approval for the fishery while the declaration remains in effect. Exemptions include specimens belonging to eligible listed threatened species and those derived from taxa listed under CITES. The instrument also notes consultation with relevant stakeholders and adherence to the Australian Government’s guidelines for the ecologically sustainable management of fisheries.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 Amendment (List of Exempt Native Specimens – Northern Territory Offshore Net and Line Fishery, March 2019) (F2019L00441) involve the removal of certain specimens from the list of exempt native specimens and the inclusion of others, subject to specific conditions (sections 303DC, 303DB). Specimens derived from the Northern Territory Offshore Net and Line Fishery are included in the list, provided they were taken lawfully and while an approved wildlife trade operation declaration is in effect for the fishery (Schedule 1 and 2). This amendment allows for the export of these specimens without the need for export permits, as long as the aforementioned conditions are met. The instrument also ensures that specimens from eligible listed threatened species are not included unless specific conditions are satisfied (section 303DB(6)). Additionally, specimens derived from taxa listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are excluded from the list (section 303CA). The Act imposes several obligations on the parties involved. Operators of the Northern Territory Offshore Net and Line Fishery must ensure that any specimens derived from the fishery are taken lawfully and comply with the conditions set out in the declaration for an approved wildlife trade operation. The Minister for the Environment is required to consult with relevant ministers and stakeholders before amending the list of exempt native specimens (section 303DC(3)). The Department of the Environment and Energy must also advertise the proposal to amend the list on its website and consider comments from interested parties before making a decision (as evidenced by the consultation process detailed in the explanatory statement). The Act includes provisions for offences and penalties for breaches. However, the specific offences, penalties, or civil/criminal consequences for breaching the conditions of the list of exempt native specimens are not explicitly detailed in the explanatory statement. Generally, under the EPBC Act, breaches of trade control provisions for regulated native specimens can result in significant penalties, including fines and imprisonment. The maximum penalties for offences under the EPBC Act can vary depending on the nature and severity of the breach, with some offences carrying substantial financial penalties and/or imprisonment terms. The exact penalties would be determined by the courts based on the specific circumstances of the case.

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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.