Amendment of List of Exempt Native Specimens - Northern Territory Timor Reef Fishery (01/05/2013)

Administered by Department of the Environment and Energy

Legislation au F2013L00747 Not in force Legislative Instrument

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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.

 

The effect of this instrument is to revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 7 May 2008 is subject:

 

  • 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 Northern Territory Timor Reef Fishery as defined in the management regime in force under the Northern Territory Fisheries Act 1988 and the Northern Territory Fisheries Regulations 1993.

 

and impose the following conditions to which the inclusion of the specimens in the list is subject:

 

  • the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
  • the specimens are included in the list until 9 August 2013.

 

The only effect of this amendment is to extend this date. Revoking the conditions and imposing the above conditions to which the inclusion of the specimens in the list of exempt native specimens is subject will allow continued export of these specimens until 9 August 2013.

 

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 Sustainability, Environment, Water, Population and Communities 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 Sustainability, Environment, Water, Population and Communities consulted with the Northern Territory Department of Primary Industry and Fisheries as that department has management responsibilities for the fishery concerned.

 

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

 

This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.

 

 

 

 

 

 

 

 

 

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

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 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, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the Northern Territory Timor Reef Fishery as defined in the management regime in force under the Northern Territory Fisheries Act 1988 and Northern Territory Fisheries Regulations 1993.

 

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 included in the list until 9 August 2013.

Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens until 9 August 2013.

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.

 

Geoff Richardson, Assistant Secretary, Marine Biodiversity and Biosecurity Branch (Delegate of the Minister for Sustainability, Environment, Water, Population and Communities)

 

Overview

The Environment Protection and Biodiversity Conservation Amendment (List of Exempt Native Specimens) Instrument 2013 amends the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Act was enacted by the Australian Parliament to address the need for a comprehensive framework for the protection of the environment and biodiversity, including the regulation of activities that may have significant environmental impacts. This amendment seeks to facilitate the continued export of certain fish and invertebrate specimens from the Northern Territory Timor Reef Fishery by exempting them from trade control provisions, provided they meet specific conditions. The policy objective of this amendment is to ensure that the fishery's management arrangements are ecologically sustainable, in line with the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries.’ The Minister for Sustainability, Environment, Water, Population and Communities consulted with relevant authorities, including the Northern Territory Department of Primary Industry and Fisheries, before making this amendment. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The F2013L00747 legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by modifying the List of Exempt Native Specimens, specifically concerning specimens derived from fish or invertebrates taken in the Northern Territory Timor Reef Fishery. The Act applies to the lawful taking of specimens from the fishery, excluding those species listed under Part 13 of the EPBC Act. The amendment removes previous conditions on the specimens' inclusion in the list and imposes new conditions that the specimens remain listed until 9 August 2013, provided they were taken lawfully. This legislative instrument extends the timeframe for continued export of these specimens, reflecting the Australian Government's guidelines for ecologically sustainable management of fisheries. The amendment was made after appropriate consultations with relevant Commonwealth and Northern Territory authorities, ensuring compliance with the EPBC Act and other related legislation. The instrument is compatible with human rights and freedoms as it does not engage any applicable rights or freedoms, and it is consistent with the international human rights instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The key provisions of this legislation concern the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DB). This involves revoking the existing conditions for the exemption of certain specimens and imposing new conditions for their inclusion in the list of exempt specimens. Specifically, the specimens in question are those that are or are derived from fish or invertebrates, excluding those from species listed under Part 13 of the EPBC Act, taken in the Northern Territory Timor Reef Fishery as defined by the Northern Territory Fisheries Act 1988 and the Northern Territory Fisheries Regulations 1993. The new conditions stipulate that the specimens must be taken lawfully and that they remain exempt until 9 August 2013. The obligations imposed by this Act are primarily on the parties involved in the trade and export of these specimens. The specimens must be taken in accordance with the law, ensuring that the fishery management practices adhere to the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries.’ The Minister for Sustainability, Environment, Water, Population and Communities is required to consult with relevant stakeholders before making amendments to the list of exempt specimens, as mandated by Subsection 303DC(3) of the EPBC Act. In this case, the Delegate of the Minister consulted with the Northern Territory Department of Primary Industry and Fisheries. There are no specified offences, penalties, or civil or criminal consequences mentioned for breach of the conditions under this legislative instrument. However, the failure to comply with the legal requirements for taking the specimens or adherence to the specified conditions could potentially lead to legal repercussions under other relevant laws. The legislative instrument is designed to ensure that the continued export of these specimens remains lawful and sustainable until the specified date.

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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.