Amendment of List of Exempt Native Specimens – Queensland East Coast Spanish Mackerel, Marine Aquarium Fish, Sea Cucumber (East Coast) and East Coast Otter Trawl Fisheries, November 2017

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2017L01485 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment of the List of Exempt Native Specimens 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 instrument deletes specimens from the list of exempt native specimens that are taken in four fisheries specified in Schedule 1. The instrument also includes specimens from the same four 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 East Coast Spanish Mackerel Fishery

        Queensland Sea Cucumber Fishery (East Coast)

        Queensland East Coast Otter Trawl Fishery

        Queensland Marine Aquarium Fish Fishery

 

All Queensland legislation referred to in Schedule 2 to the instrument is incorporated as in force at the time this instrument commences. All Queensland legislation incorporated by reference in this instrument can be freely accessed on the following website: https://www.legislation.qld.gov.au/browse/inforce (as of November 2017)

 

The effect of this instrument is to extend the export approval for the specimens until 30 March 2018 or while the fisheries are the subject of an approved wildlife trade operation declaration (specified in Schedule 2).

 

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. Queensland Department of Agriculture and Fisheries has been consulted and support amending the list of exempt native specimens to include product derived from these four 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

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The instrument deletes specimens from the list of exempt native specimens that are taken in four fisheries specified in Schedule 1. The instrument also includes specimens from the same four 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 effect of this instrument is to extend the export approval for the specimens until 30 March 2018 or while the fisheries are the subject of an approved wildlife trade operation declaration (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 and Energy)

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is an Australian federal law designed to protect and conserve the environment, particularly focusing on biodiversity and ecological sustainability. The Act provides a framework for the management and regulation of activities that may impact the environment, including the regulation of trade in native specimens. This legislation was enacted to address the problem of unsustainable practices that threaten native species and their habitats. The policy objective of the Act is to ensure that the trade of native specimens is conducted in an ecologically sustainable manner, thereby protecting Australia’s unique biodiversity. The instrument in question amends the list of exempt native specimens in accordance with section 303DC of the EPBC Act, aiming to address specific ecological concerns related to certain fisheries in Queensland.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument pertains to the management and regulation of trade in native specimens derived from specified fisheries in Queensland. The Act applies to specimens taken from the Queensland East Coast Spanish Mackerel Fishery, Queensland Sea Cucumber Fishery (East Coast), Queensland East Coast Otter Trawl Fishery, and the Queensland Marine Aquarium Fish Fishery. The instrument alters the list of exempt native specimens by removing certain specimens taken from these fisheries from the list, while also adding others from the same fisheries, subject to conditions that the specimens were taken lawfully and are included in the list until specified dates detailed in Schedule 2. This legislative instrument has a national reach, extending to all Commonwealth territories, and is designed to align with Australia's ecological sustainability guidelines for fisheries. The instrument's amendments come into effect the day after registration and are intended to facilitate continued trade until March 30, 2018, or until the fisheries are subject to an approved wildlife trade operation declaration.

Key Provisions

The key provisions of this legislation pertain to amendments of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(3) of the EPBC Act is invoked to modify the list, deleting certain specimens taken from specified fisheries and adding others with conditions. The relevant fisheries include the Queensland East Coast Spanish Mackerel Fishery, the Queensland Sea Cucumber Fishery (East Coast), the Queensland East Coast Otter Trawl Fishery, and the Queensland Marine Aquarium Fish Fishery (Section 303DB). The amendments ensure that specimens from these fisheries are exempt from trade control provisions that apply to regulated native specimens, but only if they were taken lawfully and until specified dates (Schedule 2). This Act imposes obligations on entities and individuals involved in the trade of these specimens. The Minister for the Environment and Energy must consult with relevant ministers, both Commonwealth and state, before making amendments to the list of exempt native specimens. Additionally, the Minister must ensure that specimens included in the list were taken lawfully and remain exempt only until the dates specified in the Schedule 2 of the instrument. The Queensland Department of Agriculture and Fisheries has been consulted and supports these amendments. There are no specified offences, penalties, or civil/criminal consequences mentioned in the explanatory statement for breaches of this legislative instrument. However, as with any legislative compliance, failure to adhere to the conditions and lawful acquisition requirements could potentially lead to legal repercussions under the broader provisions of the EPBC Act or other related laws. The instrument itself is a legislative instrument for the purposes of the Legislation Act 2003 and comes into effect the day after it is registered.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration

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.