Amendment of List of Exempt Native Specimens – Queensland Coral Fishery, June 2018

Legislation au F2018L00812 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 Coral Fishery, JUne 2018

Prepared 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 Coral Fishery as specified in Schedule 1. The instrument also includes specimens from the same fishery 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.

 

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 website:

  • Queensland legislation at https://www.legislation.qld.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/.

 

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 while they are covered by the declaration of an approved wildlife operation.

 

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 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 Coral Fishery. 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 29 business days. No comments were received.

 

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 Coral Fishery, JUne 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 Queensland Coral Fishery as specified in Schedule 1. The instrument also includes specimens from the same fishery 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.

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 while they are covered by the declaration of an approved wildlife operation.

 

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 was enacted to provide for the protection of the environment, particularly matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework for environmental protection and biodiversity conservation in Australia. It was enacted by the Commonwealth Parliament. This particular legislative instrument, which amends the List of Exempt Native Specimens for the Queensland Coral Fishery, was developed in accordance with the Act to allow for continued export of certain specimens while they are covered by the declaration of an approved wildlife operation. The policy objective is to ensure the sustainable management of fisheries and the protection of biodiversity, while balancing the needs of industry and conservation efforts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of List of Exempt Native Specimens – Queensland Coral Fishery, June 2018, amends the list of exempt native specimens under the EPBC Act. This amendment pertains to specimens taken in the Queensland Coral Fishery, altering their status from being included in the list of exempt native specimens to being excluded, and vice versa, subject to specific conditions and restrictions. The conditions for inclusion in the list stipulate that the specimens or the fish or invertebrate from which they are derived must have been taken lawfully and remain in the list until the specified dates outlined in Schedule 2. The legislative instrument revokes existing conditions and imposes new ones to facilitate the continued export of these specimens while they are covered by the declaration of an approved wildlife operation. Specimens belonging to species listed in the conservation dependent category under the EPBC Act may be included in the list of exempt native specimens if they meet the specified conditions, while those belonging to threatened species categories are not eligible unless specific criteria are satisfied. Additionally, specimens derived from taxa listed under CITES are not included in the list of exempt native specimens. The instrument is applicable nationally and requires consultation with relevant ministers and stakeholders, with the Queensland Department of Agriculture and Fisheries consulted and supportive of the amendment. This legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms recognised under international instruments.

Key Provisions

The key operative sections of this instrument involve amendments to the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303DC). Specifically, this instrument deletes certain specimens from the list of exempt native specimens taken in the Queensland Coral Fishery, as specified in Schedule 1, while also including specimens from the same fishery in the list of exempt native specimens (section 303DB). This inclusion is subject to certain conditions, including 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 Act imposes several obligations and requirements on the parties or entities it governs. Firstly, it mandates that 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 (section 303DB). Secondly, 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 (section 303CA). Furthermore, the Minister for the Environment and Energy must consult with other relevant ministers and persons before amending the list, and the proposal to amend the list was advertised on the Department of the Environment and Energy’s website, inviting comments for a period of 29 business days (section 303DC(3)). Offences, penalties, or civil/criminal consequences for breach of the provisions in this instrument are not explicitly stated in the explanatory statement. However, given that this is a legislative instrument under the EPBC Act, breaches of the Act can lead to significant penalties. For example, under section 528 of the EPBC Act, individuals and corporations can be subject to substantial fines for offences such as taking, possessing, or trading in regulated native specimens without the appropriate permits or approvals. The exact penalties depend on the nature and severity of the offence, but can include substantial fines for both individuals and corporations.

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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.