Amendment of List of Exempt Native Specimens – South Australian Beach-cast Marine Algae Fishery, May 2018

Legislation au F2018L00618 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 – South Australian Beach-cast Marine Algae Fishery, May 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.

 

This instrument deletes specimens from the list of exempt native specimens taken by the Miscellaneous Fishery licence Y078 in the South Australian Beach-cast Marine Algae Fishery specified in Schedule 1. The instrument also includes in the list of exempt native specimens, specimens taken in the South Australian Beach-cast Marine Algae 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 until the dates specified in Schedule 2.

 

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 legislation incorporated by reference in this instrument can be freely accessed on the South Australian legislation website at www.legislation.sa.gov.au (as of May 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 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 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. The South Australian Department of Primary Industries and Regions has been consulted and supports amending the list of exempt native specimens to include product derived from the South Australian Beach-cast Marine Algae Fishery. In addition, the proposal to amend the list of exempt native specimens is currently 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.

 

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 – South Australian Beach-cast Marine Algae Fishery, May 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

 

This instrument deletes specimens from the list of exempt native specimens taken by the Miscellaneous Fishery licence Y078 in the South Australian Beach-cast Marine Algae Fishery specified in Schedule 1. The instrument also includes in the list of exempt native specimens, specimens taken in the South Australian Beach-cast Marine Algae 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 until the dates specified in Schedule 2.

 

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.

 

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) provides for the establishment of a list of exempt native specimens, exempting certain specimens from the trade control provisions that apply to regulated native specimens. This Act was enacted by the Australian Parliament to address the need for a comprehensive environmental protection framework, ensuring biodiversity conservation and sustainable use of natural resources. The Amendment of List of Exempt Native Specimens – South Australian Beach-cast Marine Algae Fishery, May 2018, is a legislative instrument made under Section 303DC of the EPBC Act. It amends the list of exempt native specimens, specifically addressing the specimens taken by the Miscellaneous Fishery licence Y078 in the South Australian Beach-cast Marine Algae Fishery. The instrument includes certain specimens in the list of exempt native specimens, subject to the conditions that they were taken lawfully and are included in the list until specified dates. The policy objective is to manage and regulate the trade of native specimens in a way that is ecologically sustainable, taking into account international obligations such as those under CITES.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of List of Exempt Native Specimens – South Australian Beach-cast Marine Algae Fishery, May 2018 instrument pertains specifically to the management and regulation of native specimens within the South Australian Beach-cast Marine Algae Fishery. The Act applies to the specimens taken under the Miscellaneous Fishery licence Y078, allowing for their inclusion or exclusion from the list of exempt native specimens, thereby impacting their eligibility for trade under the EPBC Act. This legislative instrument operates under the jurisdiction of the Commonwealth of Australia and is designed to ensure that the management of native specimens aligns with ecological sustainability and international trade regulations. The instrument includes provisions that ensure specimens of eligible listed threatened species or those listed under CITES are not included in the list of exempt native specimens, thereby adhering to stringent conservation standards. The geographic scope of this legislation is limited to the waters and fishery operations within South Australia, while the jurisdictional reach extends to ensuring compliance with national and international laws pertaining to biodiversity conservation and trade. Additionally, the instrument notes that its provisions are subject to consultation and public comment, reflecting a commitment to transparency and stakeholder engagement in environmental regulation.

Key Provisions

The primary sections of the legislation, specifically section 303DC, outline the amendment to the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This instrument modifies the list by deleting certain specimens taken by the Miscellaneous Fishery licence Y078 in the South Australian Beach-cast Marine Algae Fishery, as detailed in Schedule 1. Additionally, it includes other specimens taken in the same fishery within the list of exempt native specimens, subject to specific conditions. These conditions include the lawful taking of the specimens and their inclusion in the list until the dates specified in Schedule 2. This amendment allows for the export of these specimens until the specified dates. The obligations imposed by this legislation require compliance with several conditions. Firstly, the specimens included in the list of exempt native specimens must be taken lawfully, as specified in the notations. Secondly, the inclusion of these specimens in the list is subject to the conditions outlined in Schedule 2, which detail the duration of their exemption. The legislation also mandates that the Minister for the Environment and Energy consults with relevant ministers and stakeholders before making amendments to the list, as required by section 303DC(3) of the EPBC Act. The South Australian Department of Primary Industries and Regions has been consulted and supports the amendment, and the proposal has been advertised for public comment. The legislation specifies consequences for non-compliance with the requirements outlined in the Act. Breaches of the conditions attached to the specimens in the list of exempt native specimens could result in legal action. However, the specific penalties or consequences are not detailed within the provided text. It is important for entities and parties governed by this Act to adhere to the lawful taking of specimens and the conditions specified in Schedule 2 to avoid any legal repercussions. The legislation ensures that specimens belonging to eligible listed threatened species, as defined under section 178 of the EPBC Act, are not included in the list unless specific conditions are met. Additionally, specimens derived from taxa listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are excluded from the list of exempt native specimens.

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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.