EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act, 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
(Issued under the Authority of the Minister for the Environment and Water Resources)
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) provides for the establishment of a list of exempt native specimens. Specimens included on the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to add the following specimen to the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- Native oyster (Ostrea angasi)
The inclusion of the specimen in the list is subject to the following notations:
- The specimen, or the fish or invertebrate from which it is derived, was taken in
accordance with the Fisheries (Shellfish) Rules 2007 in force under the
Tasmanian Living Marine Resources Management Act 1995; and
- The specimen is included on the list until 12 May 2012.
Listing of the specimen described above on the list of exempt native specimens will allow continued export of the specimen for the next five years.
In determining to include the above specimen in the list of exempt native specimens regard was had to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. Those Guidelines establish the criteria for assessment of the ecological sustainability of the relevant fisheries management arrangements.
In accordance with section 303DC of the EPBC Act, consultation was undertaken with the following Ministers of the Commonwealth and of each State and self-governing Territory: the Hon David Llewellyn MHA, Minister for Primary Industries and Water.
Consultation was also undertaken in accordance with section 303DC(3)(c) of the EPBC Act. This extended to the Tasmanian Department of Primary Industries and Water.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Unique Identifying Number: EPBC303DC/SFS/2007/05