Amendment of List of Exempt Native Specimens – Queensland Coral Fishery, October 2024

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2024L01379 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Amendment of List of Exempt Native Specimens – Queensland Coral Fishery, October 2024

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) places certain obligations on the Commonwealth to protect and conserve Australia’s native wildlife by regulating international trade to protect targeted species against over exploitation and to protect Australian and international ecosystems.

Section 303DB of the EPBC Act provides for the establishment of a List of Exempt Native Specimens (the list). Specimens included in the list are exempt from the trade control provisions that apply to regulated native specimens.

Purpose and operation

The purpose of this instrument is to delete from the list specimens that are or are derived from fish or invertebrates taken in the Queensland Coral Fishery (the fishery), and any associated notations specified in Schedule 1 to the instrument.

Schedule 2 to the instrument also includes in the list specimens that are or are derived from fish or invertebrates taken from the fishery, 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 while a declaration as an approved wildlife trade operation is in place for the fishery as specified in Schedule 2.

Listing these specimens in the list will allow the export of these specimens without the need for export permits while an approved wildlife trade operation declaration for the fishery is in force. A link to the declaration is accessible via the Department of Climate Change, Energy, the Environment and Water’s (the department) website at: https://www.dcceew.gov.au/environment/marine/fisheries/qld/coral

The only effect of this instrument is to allow continued export for these specimens subject to the conditions provided in the notation as specified in Schedule 2.


Incorporation

All state legislation referred to in Schedule 2 to the instrument is incorporated as in force at the time this instrument commences. All state legislation incorporated by reference in the instrument can be freely accessed at Queensland Legislation – https://www.legislation.qld.gov.au (as of October 2024).

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/.

Strategic assessment not required

Subsection 303DC(1A) of the EPBC Act requires the minister, in deciding whether to amend the list, to rely primarily on the outcomes of any assessment carried out for the purposes of Divisions 1 or 2 of Part 10 of the EPBC Act.

A strategic assessment is only required for fisheries managed under the Fisheries Management Act 1991 (Cth) or the Torres Strait Fisheries Act 1984 (Cth). A strategic assessment may be made for commercial fisheries under Division 1. However, there are no current strategic assessments in respect of the fishery from which the specimens listed in Schedule 2 are taken or derived.

The fishery listed in Schedule 2 to the instrument is not managed by the Commonwealth under the aforementioned Acts. Therefore, the EPBC Act does not require there to be a strategic assessment for the purposes of Part 10 of the Act in relation to the fishery named in Schedule 2.

The Australian Government and state and 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 or the Northern Territory 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.


Specimens that may be included in the list

The list 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, subject to the conditions provided in the notation.

The list established under section 303DB(1) of the EPBC Act must not include a specimen that belongs to species listed on Australia’s List of Migratory Species established under section 209 of the EPBC Act. The List of Migratory Species includes all migratory species that are native species, and species that are included in the appendices to the Bonn Convention, and all migratory bird species included in annexes established under international agreements with Japan (JAMBA) and China (CAMBA), and all native species identified in any other list or agreement approved by the minister.

The list established under section 303DB(1) of the EPBC Act must not include a specimen that belongs to a species listed on the List of Marine Species established under section 248 of the EPBC Act. When first established, the List of Marine Species contained all marine species identified at section 248 of the EPBC Act. The List of Marine Species also contains additional species approved by the minister in consultation with the Threatened Species Scientific Committee.

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 species.

Assessment of specimens

In determining to include the specimens in the list, the minister’s delegate had regard to the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. These guidelines establish the criteria for assessment of the ecological sustainability of the fishery’s management arrangements.

The guidelines are accessible via the Department of Climate Change, Energy, the Environment and Water’s website at: www.dcceew.gov.au/environment/marine/publications/guidelines-ecologically-sustainable-management-fisheries.


Consultation

Subsection 303DC(3) of the EPBC Act provides that before amending the list, the minister 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 to include product derived from the fishery.

In addition, the proposal to amend the list was advertised on the department’s website and comment was invited from interested persons from 12 June 2024 to 17 July 2024.

Twenty-four public comments were received. The majority of these were in support of the fishery and its’ management arrangements, but some concerns were raised about:

  • Queensland Department of Agriculture and Fisheries’ response to mass bleaching events, particularly the 2024 bleaching event
  • the sustainability of current catch limits for hard corals
  • certain species thought to be at severe risk as a result of the fishery, particularly Homophyllia cf. australis and Micromussa lordhowensis
  • the sustainability of the wild harvest of corals generally.

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

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Amendment of List of Exempt Native Specimens – Queensland Coral Fishery, October 2024

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 purpose of this instrument is to delete from the list specimens that are or are derived from fish or invertebrates taken in the Queensland Coral Fishery (the fishery), and any associated notations, associated restrictions or conditions specified in Schedule 1 to the instrument.

Schedule 2 to the instrument also includes in the list specimens that are or are derived from fish or invertebrates taken from the fishery, 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 while a declaration as an approved wildlife trade operation is in place for the fishery as specified in Schedule 2.

Listing these specimens in the list will allow the export of these specimens without the need for export permits, subject to the conditions specified in the notations of Schedule 2, while an approved wildlife trade operation declaration for the fishery is in force. A link to the declaration is accessible via the Department of Climate Change, Energy, the Environment and Water’s website at: https://www.dcceew.gov.au/environment/marine/fisheries/qld/coral

The only effect of this instrument is to allow continued export for these specimens subject to the conditions provided in the notation as 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.

 

The Honourable Tanya Plibersek, Minster for the Environment and Water

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection and conservation of Australia's native wildlife and ecosystems, particularly by regulating international trade to prevent overexploitation of targeted species. The Act establishes a List of Exempt Native Specimens to manage the trade of native species. The purpose of the 2024 amendment to this list, detailed in the legislative instrument F2024L01379, is to modify the list regarding specimens from or derived from the Queensland Coral Fishery. This amendment removes certain specimens from the list and adds others with specific conditions to ensure exports comply with legal and ecological standards. The amendment was made by the Australian Government, specifically the Minister for the Environment and Water, in consultation with relevant state authorities and following public consultation. The policy objective is to facilitate the export of these specimens under controlled conditions while maintaining ecological sustainability and legal compliance. This legislative instrument is designed to align with existing legal frameworks and human rights obligations, ensuring that any changes to the list of exempt native specimens do not contravene international commitments or domestic laws. The instrument incorporates relevant state and Commonwealth legislation and ensures that any amendments to the list are compatible with the Offshore Constitutional Settlement arrangements, which govern the responsibilities of different jurisdictions in managing fisheries resources. By specifying conditions under which certain specimens can be exported, the amendment seeks to balance ecological protection with legitimate trade interests, while also providing transparency through accessible online declarations and guidelines.

Scope and Application

The instrument under the Environment Protection and Biodiversity Conservation Act 1999 amends the List of Exempt Native Specimens to include specimens derived from fish or invertebrates taken in the Queensland Coral Fishery, subject to specific conditions. This legislation applies to specimens that are or are derived from the named fishery, and it ensures that these specimens can be exported without the need for export permits, provided that certain conditions are met. The instrument incorporates relevant state and Commonwealth legislation and excludes specimens belonging to eligible listed threatened species, Australia’s List of Migratory Species, and the List of Marine Species, as well as specimens derived from taxa listed under CITES. The instrument extends its application nationally and is designed to operate in conjunction with the Offshore Constitutional Settlement arrangements, ensuring that state-managed fisheries in Commonwealth waters comply with federal laws concerning protected species and ecological communities. The exclusion of certain specimens and the requirement for lawful and sustainable practices ensures that the amendment maintains ecological sustainability while facilitating trade.

Key Provisions

The primary sections of the legislative instrument amend the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB of the EPBC Act governs the establishment of this list, which exempts certain native specimens from trade control provisions. This instrument seeks to delete specimens from the list that are or are derived from fish or invertebrates taken in the Queensland Coral Fishery, and to add others, subject to specific conditions. These changes are outlined in Schedule 1 and Schedule 2 of the instrument. The obligations imposed by this Act on the parties involved primarily revolve around compliance with the conditions specified in Schedule 2. Specimens included in the list must meet the criteria of being taken lawfully and while a declaration as an approved wildlife trade operation is in place for the fishery. Exporters and operators within the Queensland Coral Fishery must ensure that their activities comply with these conditions to avoid any legal repercussions. Additionally, state legislation referred to in Schedule 2 is incorporated as in force at the time this instrument commences, thereby mandating adherence to these laws. Offences and penalties for non-compliance with the provisions of this Act are not explicitly stated in the text. However, breaches of the EPBC Act generally can result in significant civil and criminal penalties. For instance, unauthorised trade in protected species can lead to substantial fines and imprisonment. The maximum penalties can vary depending on the severity and intent of the breach, but they can include fines of up to AUD 1.1 million for corporations and AUD 220,000 for individuals, along with potential imprisonment terms. These stringent measures underscore the importance of adhering to the regulations set forth by the Act to protect Australia’s native wildlife and ecosystems.

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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.