Amendment of List of Exempt Native Specimens – NSW Abalone, NSW Estuary General, NSW Estuary Prawn Trawl, NSW Lobster, NSW Ocean Hauling, NSW Ocean Trawl, QLD East Coast Spanish Mackerel, QLD Marine Aquarium Fish, QLD Sea Cucumber (East Coast) and QLD East Coast Otter Trawl Fisheries, March 2018

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2018L00416 Not in force Legislative Instrument

Legislation content

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 list of exempt native specimens 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 that are extinct, extinct in the wild, critically endangered, endangered, or vulnerable categories of the list of threatened species 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 are therefore included in this item of the list of exempt native specimens, subject to the conditions provided in the notation.

 

Specimens that come from taxa that are listed under section 303CA of the EPBC Act are not included in this item of the list of exempt native specimens. 

 

The effect of this instrument is to delete specimens from the list of exempt native specimens taken in 10 fisheries specified in Schedule 1. The instrument also includes specimens from the same 10 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:

        New South Wales Abalone

        New South Wales Estuary General

        New South Wales Estuary Prawn

        New South Wales Lobster

        New South Wales Ocean Hauling

        New South Wales Ocean Trawl

        Queensland East Coast Otter Trawl

        Queensland East Coast Sea Cucumber

        Queensland East Coast Spanish Mackerel

        Queensland Marine Aquarium Fish

 

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 this instrument can be freely accessed on the following state and territory legislation websites:

  • New South Wales legislation at  www.legislation.nsw.gov.au (as of January 2018)
  • Queensland legislation at https://www.legislation.qld.gov.au (as of January 2018)

 

 

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

 

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 New South Wales Department of Primary Industries and the Queensland Department of Agriculture and Fisheries have been consulted and support amending the list of exempt native specimens to include product derived from the fisheries listed above. In addition, the proposals to amend the list of exempt native specimens were advertised on the Department of the Environment and Energy’s website and comment was invited from interested people for a period of at least 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 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

 

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 10 fisheries specified in Schedule 1. The instrument also includes specimens from the same 10fisheries 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 effect of this instrument is to extend the export approval for the specimens 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 and Energy)

 

 

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is an Australian legislative framework designed to protect the nation's environment, including its biodiversity and heritage, through a coordinated and integrated approach. The Act was introduced to address the need for a comprehensive mechanism to manage and protect environmental assets, particularly those that are of national and global significance. Enacted by the Parliament of Australia, the EPBC Act aims to ensure that development and other activities do not harm the environment, and to promote the sustainable use of natural resources. One aspect of the EPBC Act involves the regulation of the trade of native specimens, with certain specimens being exempt from specific trade controls. The Act’s provisions are designed to balance economic activities with the imperative to conserve and protect the environment. This legislative instrument amends the list of exempt native specimens under the EPBC Act. The amendment involves removing certain specimens from the list and including others from specified fisheries, subject to conditions such as lawful taking and specified dates until which the specimens can be exported. This change aims to align with the Australian Government's guidelines for the ecologically sustainable management of fisheries, ensuring that the export of these specimens is managed in an environmentally responsible manner. The amendment was developed following consultations with relevant state departments and public advertisement for feedback, reflecting a collaborative approach to environmental management.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, as detailed in F2018L00416, pertains specifically to the trade of native specimens derived from certain fisheries in New South Wales and Queensland. This legislation applies to specimens taken from ten specified fisheries, ensuring they are exempt from the trade control provisions applicable to regulated native specimens. However, this exemption is contingent on the specimens being taken lawfully and is only valid until the dates specified in Schedule 2 of the instrument. Notably, specimens belonging to eligible listed threatened species, as defined under sections 303BC and 528 of the EPBC Act, are excluded from this exemption unless certain conditions are met. The instrument also ensures that all relevant state and territory legislation, as well as Commonwealth Acts, are incorporated as in force at the time of the instrument's commencement, with certain exceptions for disallowable instruments. The amendment process involved consultations with relevant ministers and departments, as well as public consultation, ensuring broad stakeholder input. This legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms, as confirmed in the Statement of Compatibility with Human Rights.

Key Provisions

The main operative sections of this legislative instrument (F2018L00416) are sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. However, specimens belonging to eligible listed threatened species cannot be included unless certain conditions are met. Section 303DC outlines the process for amending the list of exempt native specimens, which involves consultation with relevant ministers and the advertisement of proposals on the Department of the Environment and Energy's website. This instrument amends the list of exempt native specimens by deleting certain specimens taken from 10 specified fisheries (sections 303DC(3) and (4)). It also adds specimens from the same fisheries to the list, subject to certain conditions and until specified dates. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it requires the Minister for the Environment and Energy to consult with relevant ministers and other persons or organisations before amending the list of exempt native specimens. This is outlined in subsection 303DC(3) of the EPBC Act. Secondly, the Act requires that specimens belonging to eligible listed threatened species cannot be included in the list unless the conditions in subsection 303DB(6) are satisfied. Thirdly, the Act requires that specimens from taxa listed under section 303CA of the EPBC Act are not included in the list of exempt native specimens. Finally, the Act requires that the specimens included in the list of exempt native specimens are taken lawfully and are included in the list until the dates specified in Schedule 2. The Act also outlines offences, penalties, and civil/criminal consequences for breach. However, the specific offences, penalties, and consequences are not outlined in the text. It is likely that the Act contains provisions for offences and penalties related to the unauthorised trade of native specimens, but these are not detailed in the provided text. It is important to note that the Act is subject to change and that the most up-to-date information should be obtained from the relevant legislation or legal professionals.

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Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Listing & Exemption
Compliance Obligations
Consultation Requirements

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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.