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Amendment of List of Exempt Native Specimens – Queensland Ocean Beach Fishery April 2024

Amendment of List of Exempt Native Specimens – Queensland Ocean Beach Fishery April 2024

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

Legislation au F2024L00474 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 Ocean Beach Fishery, April 2024

(Issued by the authority of the Delegate of the Minister for the Environment and Water as specified in the enabling legislation)

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 Ocean Beach 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/ocean-beach

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 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 at Queensland Legislation – https://www.legislation.qld.gov.au (as of April 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 22 January 2024 to 23 February 2024 (22 business days, excluding the first business day).

Two public 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 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 Ocean Beach Fishery, April 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

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/ocean-beach

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.

Belinda Jago, Delegate of the Minister 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 of Australia's native wildlife and ecosystems by regulating international trade to prevent over exploitation of targeted species and to safeguard Australian and international ecosystems. The Act establishes a List of Exempt Native Specimens under Section 303DB, which exempts certain specimens from the trade control provisions that apply to regulated native specimens. The purpose of this legislative instrument is to amend the List of Exempt Native Specimens by deleting specimens derived from the Queensland Ocean Beach Fishery and including them with specific conditions, as detailed in Schedule 2. This amendment allows for the export of these specimens without the need for export permits, provided that the specimens are taken lawfully and that an approved wildlife trade operation declaration for the fishery is in place. The instrument is issued under the authority of the Delegate of the Minister for the Environment and Water, and its enactment does not require a strategic assessment as it does not pertain to fisheries managed by the Commonwealth under the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984. This legislative instrument aims to ensure that the export of specimens from the Queensland Ocean Beach Fishery can continue smoothly and legally, provided that the specimens are harvested in compliance with applicable laws and regulations. By incorporating state and territory legislation and Commonwealth Acts, the instrument ensures that all relevant legal frameworks are considered in its implementation. The instrument does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, and is thus compatible with human rights.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of List of Exempt Native Specimens – Queensland Ocean Beach Fishery, April 2024, pertains to the regulation of native wildlife and the export of fish or invertebrates derived from the Queensland Ocean Beach Fishery. This instrument modifies the List of Exempt Native Specimens, allowing for the export of certain specimens without the need for export permits, provided that the specimens or the fish or invertebrates from which they are derived were taken lawfully and that the export occurs while a declaration as an approved wildlife trade operation is in place. The instrument applies to persons and entities involved in the export of specimens derived from the specified fishery. The geographical reach of the Act is national, applying across Australia, including Commonwealth waters. However, the Act excludes specimens belonging to eligible listed threatened species, species listed on Australia’s List of Migratory Species, and species listed on the List of Marine Species. Additionally, it excludes specimens derived from taxa listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act also allows for the inclusion of specimens in the list subject to certain restrictions and conditions as specified in the notations of Schedule 2, ensuring that these specimens can only be exported under approved conditions.

Key Provisions

Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the establishment of a List of Exempt Native Specimens (section 303DB(1)), which exempts specimens included in the list from trade control provisions that apply to regulated native specimens. 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 Ocean Beach Fishery (the fishery), and any associated notations specified in Schedule 1 to the instrument (section 303DC(1A)). Schedule 2 to the instrument 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 is 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 (section 303DB(6)). 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. The Act imposes several obligations on the parties and entities it governs. 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 (section 303BC). Specimens belonging to such species cannot be included in the list unless the conditions in subsection 303DB(6) are satisfied (section 303DB(1)). Specimens belonging to species listed in the conservation dependent category of the EPBC Act may be included in the list, subject to the conditions provided in the notation (section 303DB(6)). Additionally, specimens that belong to species listed on Australia’s List of Migratory Species established under section 209 of the EPBC Act (section 303DB(6)) and the List of Marine Species established under section 248 of the EPBC Act (section 303CA) cannot be included in the list. Specimens derived from taxa listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are also not included in the list of exempt native species. Failure to comply with the provisions of this Act can result in offences and penalties. Section 303DC(3) of the EPBC Act requires the minister to consult with other Commonwealth ministers and state and territory ministers, as well as other persons and organisations, before amending the list. The minister must also have regard to the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, which establish the criteria for the assessment of the ecological sustainability of the fishery’s management arrangements (section 303DC(1A)). Public comments on the proposed amendment to the list were invited from 22 January 2024 to 23 February 2024 (22 business days, excluding the first business day). Two public 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. The instrument does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Therefore, this Legislative Instrument is compatible with human rights as it does not raise any human rights issues. The instrument was prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 and is signed by Belinda Jago, Delegate of the Minister for the Environment and Water.

Area of Law: Environmental Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Regulatory Standards; Reporting & Disclosure Obligations

Interactions

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.

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