Amendment of List of Exempt Native Specimens – Queensland Blue Swimmer Crab and Queensland Mud Crab fisheries, February 2019

Legislation au F2019L00205 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 – QUEENSLAND BLUE SWIMMER CRAB AND MUD CRAB FISHERIES, FEBRUARY 2019

(Issued by the authority of the Delegate 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 Queensland Blue Swimmer Crab and Mud Crab fisheries specified in Schedule 1. The instrument also includes specimens from the same Queensland Blue Swimmer Crab and Mud Crab 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:

  • Queensland Blue Swimmer Crab Fishery
  • Queensland Mud Crab 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:

  • Queensland legislation at https://www.legislation.qld.gov.au (as of February 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 as 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 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 Queensland Department of Agriculture and Fisheries has been consulted and supports amending the list of exempt native specimens to include product derived from the Queensland Blue Swimmer Crab and Mud Crab Fisheries. 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 24 business days. The comment received was 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 – QUEENSLAND BLUE SWIMMER CRAB AND MUD CRAB FISHERIES, FEBRUARY 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, as 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) establishes a framework for the protection of the environment and biodiversity in Australia. This legislation was enacted to address the need for a comprehensive approach to the conservation of the environment and biodiversity, including the regulation of activities that may have a significant impact on listed threatened species, their habitats, and ecological communities. The Act is administered by the Australian Government, with the Minister for the Environment responsible for its implementation. The primary policy objective of the Act is to ensure the ecologically sustainable development and use of natural resources, including the protection of biodiversity and ecosystems. This involves the regulation of activities that may have a significant impact on the environment, including the trade of native specimens. In February 2019, an amendment to the EPBC Act was made to adjust the list of exempt native specimens, specifically regarding specimens from the Queensland Blue Swimmer Crab and Mud Crab Fisheries. This adjustment aimed to align the export control provisions with the sustainable management of these fisheries, ensuring that the trade of these specimens is conducted in an ecologically sustainable manner. This legislative instrument, issued under Section 303DC of the EPBC Act, modifies the list of exempt native specimens to include specimens from the specified fisheries, subject to certain conditions and restrictions. These changes were made following consultations with relevant stakeholders, including the Queensland Department of Agriculture and Fisheries, and after considering public comments. The amendment aims to facilitate the export of these specimens while ensuring that the management of the fisheries remains ecologically sustainable, in line with the Australian Government’s guidelines. The instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

This legislative instrument amends the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by deleting specimens from the list of exempt native specimens taken in the Queensland Blue Swimmer Crab and Mud Crab fisheries, and by including specimens from the same fisheries in the list of exempt native specimens. The inclusion of the specimens in the list is subject to restrictions or conditions, namely that the specimens, or the fish or invertebrate from which they are derived, must have been taken lawfully, and that the specimens are included in the list until the dates specified in Schedule 2. The instrument extends the export approval for these specimens until the specified dates. The geographic reach of the instrument is national, applying across all states and territories of Australia. The instrument does not specify any exclusions or exemptions, but it does note that specimens belonging to eligible listed threatened species or 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. The instrument is a legislative instrument for the purposes of the Legislation Act 2003 and commences the day after it is registered. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The main operative sections of this legislative instrument, as per section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), involve the amendment of the list of exempt native specimens. Specifically, section 303DC(1) of the EPBC Act allows for the establishment of a list of exempt native specimens, which are not subject to the trade control provisions that apply to regulated native specimens. The instrument in question modifies this list by deleting specimens from the Queensland Blue Swimmer Crab and Mud Crab fisheries (section 303DC(2)). Simultaneously, it adds these same specimens back into the list of exempt native specimens, subject to certain conditions (section 303DC(3)). These conditions include that the specimens must have been taken lawfully and are included in the list until specific dates mentioned in Schedule 2. The obligations and requirements imposed by this Act on the parties and entities it governs are primarily centered around the lawful acquisition and trade of specified specimens. According to section 303DB(6) of the EPBC Act, specimens belonging to eligible listed threatened species cannot be included in the list unless certain conditions are met. Furthermore, 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, as stipulated in section 303CA of the EPBC Act. Additionally, the instrument mandates consultation with relevant stakeholders, including the Queensland Department of Agriculture and Fisheries, and invites public comment on the proposed changes, ensuring transparency and inclusivity in the decision-making process. In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not specify particular penalties within the explanatory statement. However, under the EPBC Act, violations of the trade control provisions for regulated native specimens can lead to civil and criminal penalties. For example, section 474 of the EPBC Act imposes civil penalties for breaches, which can include fines up to a maximum of $324,000 for individuals and $1,620,000 for corporations, depending on the severity and circumstances of the breach. Similarly, criminal penalties can be imposed under section 477 of the EPBC Act, which may include fines and imprisonment terms. The exact penalties would be determined by the court based on the specific breach and its impact.

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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.