Amendment of List of Exempt Native Specimens – Queensland East Coast Inshore Fin Fish Fishery, December 2018

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2019L00010 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 EAST COAST INSHORE FIN FISH FISHERY, DECEMBER 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 Queensland East Coast Inshore Fin Fish 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 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 on the following state legislation website:

  • https://www.legislation.qld.gov.au (as of November 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 and clarify the description of taxon/items covered by the inclusion.

 

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 East Coast Inshore Fin Fish 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 22 business days. All comments received were 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 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 EAST COAST INSHORE FIN FISH FISHERY, DECEMBER 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 the Queensland East Coast Inshore Fin Fish 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.

 

The only effect of this instrument is to extend the export approval until the dates specified in Schedule 2 and to clarify the description of taxon/items covered by the inclusion.

 

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.

 

Melissa Price, Minister for the Environment

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to address the need for comprehensive environmental protection and biodiversity conservation in Australia. The Act provides a framework for the protection of the environment, particularly focusing on matters of national environmental significance. This legislation was introduced to fill a gap in existing environmental laws, ensuring that federal environmental responsibilities are adequately managed and coordinated with state and territory governments. The policy objective of the Act is to promote ecologically sustainable development through the protection and conservation of biodiversity and ecological processes. This legislative instrument amends the list of exempt native specimens under the EPBC Act, specifically concerning the Queensland East Coast Inshore Fin Fish Fishery. The changes involve deleting certain specimens from the list of exempt native specimens and including others with specified conditions and dates until which the export approval is valid. The amendment process involved consultation with relevant stakeholders and public comment, ensuring a balanced approach to managing fishery resources while maintaining ecological sustainability.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of List of Exempt Native Specimens – Queensland East Coast Inshore Fin Fish Fishery, December 2018, is an instrument that amends the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This instrument specifically pertains to specimens taken in the Queensland East Coast Inshore Fin Fish Fishery, modifying their status from being exempt from trade control provisions to being included in the list of exempt native specimens, subject to certain conditions and restrictions. These conditions include the lawful taking of specimens and their inclusion in the list until specified dates outlined in Schedule 2. The amendment extends the export approval dates and clarifies the taxa/items covered. This legislative instrument applies to the Commonwealth and Queensland jurisdictions, aligning with the Offshore Constitutional Settlement arrangements which define the responsibilities for managing fisheries resources in inshore and offshore areas. The instrument does not apply to specimens belonging to eligible listed threatened species or those listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The instrument was developed following consultation with relevant stakeholders, including the Queensland Department of Agriculture and Fisheries, and public consultation through the Department of the Environment and Energy’s website.

Key Provisions

The primary operative sections of this legislation pertain to the amendment of the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DC outlines the process for modifying the list of exempt native specimens, which are those specimens exempt from trade control provisions applicable to regulated native specimens. Specifically, this instrument aims to delete certain specimens from the list that are taken in the Queensland East Coast Inshore Fin Fish Fishery, as detailed in Schedule 1, while also adding others from the same fishery to the list, subject to certain conditions and restrictions, as outlined in Schedule 2. The conditions include that the specimens must be taken lawfully and are included in the list until specified dates. The obligations and requirements imposed by this Act on the parties and entities it governs are primarily focused on compliance with the specified conditions for the inclusion of specimens in the list of exempt native specimens. These conditions include ensuring that the specimens or the fish or invertebrates from which they are derived were taken lawfully. Additionally, the specimens must adhere to the dates specified in Schedule 2 for their inclusion in the list. The Act also mandates consultation with relevant stakeholders, such as the Queensland Department of Agriculture and Fisheries, and the advertisement of the proposal on the Department of the Environment and Energy's website to invite comments from interested parties. The Act outlines potential offences, penalties, or consequences for breaches of its provisions. Although the specific penalties are not detailed in the provided text, it is common for breaches of environmental legislation to result in both civil and criminal penalties. Civil penalties can include fines, while criminal penalties can include imprisonment, depending on the severity and nature of the breach. Given the nature of the Act, breaches likely involve violations related to the unlawful taking of specimens or failure to comply with the specified conditions and dates for the inclusion of specimens in the list of exempt native specimens.

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