Amendment of List of Exempt Native Specimens – NT Demersal and NT Timor Reef fisheries, July 2018

Legislation au F2018L01053 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

(Issued under the Authority of the Assistant Minister for the Environment and Energy)

 

Environment Protection and Biodiversity Conservation Act 1999

Amendment of List of Exempt Native Specimens –NT Demersal and NT Timor Reef fisheries, July 2018

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 June 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.

 

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 NT Department of Primary Industries and Resources has been consulted and supports amending the list of exempt native specimens to include product derived from the NT Demersal and Timor Reef fisheries.

 

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 – NT Demersal and NT Timor Reef fisheries, July 2018

 

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 and Energy)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and manage Australia's environment, including its biodiversity. This legislation provides mechanisms for the protection of threatened species and ecological communities, as well as regulating activities that may have significant environmental impacts. The Act empowers the Australian Government to establish and maintain lists of native specimens that are subject to trade controls to prevent illegal wildlife trade and protect endangered species. The Act was enacted by the Commonwealth Parliament to provide a unified approach to environmental protection across Australia. The policy objective of this particular legislative instrument is to amend the list of exempt native specimens to include certain specimens from the Northern Territory Demersal and Timor Reef fisheries, subject to specific conditions and restrictions, while ensuring compliance with international obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This amendment aims to facilitate the lawful export of these specimens until the specified dates, thereby supporting sustainable fishing practices and biodiversity conservation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of List of Exempt Native Specimens – NT Demersal and NT Timor Reef fisheries, July 2018 instrument amends the list of exempt native specimens under the EPBC Act. This amendment applies to specimens taken from the Northern Territory Demersal Fishery and the Northern Territory Timor Reef Fishery, providing a temporary exemption from trade control provisions for these specimens. The amendment is applicable across the Commonwealth jurisdiction and aims to facilitate lawful trade and export of these specimens until specific dates outlined in Schedule 2. The instrument specifies conditions for inclusion in the list, such as lawful taking and derivation from non-threatened species, and excludes specimens from taxa listed under CITES. The amendment process involved consultation with relevant authorities, including the NT Department of Primary Industries and Resources. The instrument is a legislative instrument under the Legislation Act 2003 and commences the day after registration. This legislative amendment does not engage any human rights issues, as confirmed by the Statement of Compatibility with Human Rights.

Key Provisions

The primary operative sections of this legislation (sections 303DB and 303DC) establish a list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which exempts these specimens from the trade control provisions that apply to regulated native specimens. This specific instrument amends the list by deleting certain specimens from the list of exempt native specimens taken in the Northern Territory (NT) Demersal Fishery and the NT Timor Reef Fishery, as specified in Schedule 1. Additionally, it includes specimens from these fisheries in the list of exempt native specimens, subject to the conditions that the specimens or the fish or invertebrate from which they are derived were taken lawfully, and that they remain in the list until the dates specified in Schedule 2. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates that the Minister for the Environment and Energy consult with other relevant ministers and stakeholders before amending the list of exempt native specimens, as stipulated in section 303DC(3). The NT Department of Primary Industries and Resources has been consulted and supports the amendment. Furthermore, the list of exempt native specimens must not include specimens belonging to eligible listed threatened species unless certain conditions are met, according to 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 not included in the list of exempt native specimens under section 303CA of the EPBC Act. In terms of consequences for breach, the legislation does not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance with the Act's provisions. However, it is essential to note that the Act's provisions are intended to ensure the ecological sustainability of the fisheries and the conservation of threatened species, and any non-compliance could potentially lead to legal action under the EPBC Act or other relevant legislation. The Act's compatibility with human rights is also affirmed, as it does not engage any of the applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

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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.