Amendment of List of Exempt Native Specimens – Queensland Blue Swimmer Crab and Queensland Mud Crab fisheries, September 2018

Legislation au F2018L01375 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act 1999

Amendment of List of Exempt Native Specimens – Queensland Blue Swimmer Crab and Queensland Mud Crab fisheries, September 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:

  • Queensland Blue Swimmer Crab
  • Queensland Mud Crab

 

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 September 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.

 

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 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 Queensland Mud Crab 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 – Queensland Blue Swimmer Crab and Queensland Mud Crab fisheries, September 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)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, biodiversity, and heritage places, and to establish a framework for the conservation of native species and ecological communities. This legislation addresses the problem of ensuring that the trade of native specimens, including fish and invertebrates, is managed in an ecologically sustainable manner, particularly in relation to threatened species and the requirements of international agreements like CITES. The policy objective of this specific legislative instrument is to amend the list of exempt native specimens, allowing for the continued export of Queensland Blue Swimmer Crab and Queensland Mud Crab specimens until specified dates, while ensuring that these activities comply with both state and federal laws, and the international commitments under CITES. The instrument was developed in consultation with relevant state authorities, such as the Queensland Department of Agriculture and Fisheries, and is compatible with human rights as it does not raise any human rights issues. The instrument amends the EPBC Regulations to reflect these changes and will come into effect the day after it is registered.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of List of Exempt Native Specimens – Queensland Blue Swimmer Crab and Queensland Mud Crab Fisheries, September 2018 modifies the list of exempt native specimens under section 303DB of the Environment Protection and Biodiversity Conservation Act 1999, which governs the trade control provisions for regulated native specimens. This amendment pertains specifically to specimens from the Queensland Blue Swimmer Crab and Queensland Mud Crab fisheries. The changes involve removing certain specimens from the list of exempt native specimens and adding others, subject to conditions that they were lawfully taken and remain listed until specified dates outlined in Schedule 2. The instrument applies to all persons or entities involved in the trade of these specimens, ensuring compliance with both state and federal legislation. The jurisdictional reach extends across state borders, encompassing Queensland, and is subject to federal laws when operating in Commonwealth waters. Exemptions and restrictions are clearly noted, including the exclusion of specimens belonging to eligible listed threatened species and those derived from taxa listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This legislative instrument commences the day after its registration, and its application is further governed by relevant state and Commonwealth laws.

Key Provisions

The primary sections of this legislation, Section 303DC and Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), provide for the establishment and amendment of a list of exempt native specimens. This list exempts certain specimens from the trade control provisions that apply to regulated native specimens. The legislation amends this list by removing certain specimens from the list of exempt native specimens, which are taken in the Queensland Blue Swimmer Crab and Queensland Mud Crab fisheries. It also adds these same specimens back to the list, subject to specific conditions. These conditions include that the specimens must be taken lawfully and that their inclusion in the list is valid until the dates specified in Schedule 2 of the legislation. The changes are intended to regulate the export of these specimens, ensuring they are managed sustainably. The obligations imposed by this Act on the parties and entities it governs include ensuring that any specimens derived from the specified fisheries are taken lawfully and managed in accordance with the conditions set out in the legislation. Operators of these fisheries must comply with the requirements to ensure that the specimens they export meet the criteria for inclusion in the list of exempt native specimens. This includes adhering to the restrictions and conditions outlined, which are designed to promote the ecologically sustainable management of the fisheries and protect endangered species. The legislation also requires consultation with relevant ministers and stakeholders, such as the Queensland Department of Agriculture and Fisheries, before making amendments to the list of exempt native specimens. Breaches of the provisions of this Act can result in various consequences, including both civil and criminal penalties. Under the EPBC Act, those who fail to comply with the regulations regarding the trade of native specimens may face fines and imprisonment. The exact penalties depend on the nature and severity of the breach but can include substantial fines and lengthy prison sentences for serious violations. The legislation also allows for the imposition of administrative penalties for non-compliance, which can include fines and other enforcement actions. The specific penalties are determined by the courts and can vary based on the circumstances of each case.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

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.