Amendment of List of Exempt Native Specimens – South Australian Beach-cast Marine Algae Fishery, September 2021

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2021L01302 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Amendment of the List of Exempt Native Specimens – South Australian Beach-cast Marine Algae Fishery, September 2021

(Issued by the authority of the delegate of the Minister for the Environment specified in the enabling legislation)

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) places obligations on the Commonwealth to protect and conserve Australia’s native wildlife by regulating international trade in order to protect targeted species against over exploitation and 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 South Australian Beach-cast Marine Algae Fishery (the fishery), and any notations as specified in Schedule 1 to the instrument.

Schedule 2 to the instrument includes in the list specimens that are taken from the fishery, with notations that inclusion of the specimens in the list are subject to restrictions or conditions that the specimen 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 Agriculture, Water and the Environment’s (the Department) website at: http://www.environment.gov.au/marine/fisheries/sa/seagrass

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 https://www.legislation.sa.gov.au/index.aspx (as of September 2021).

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.

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.

Assessment of specimens

In determining to include the specimens in the list, the Minister’s delegate had regard to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. These Guidelines establish the criteria for assessment of the ecological sustainability of the relevant fishery’s management arrangements.


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 Department of Primary Industries and Resources, South Australia has been consulted and supports amending the list to include products derived from the South Australian Beach-cast Marine Algae Fishery.

In addition, the proposal to amend the list was advertised on the Department’s website and comment was invited from interested people for a minimum of 20 business days. Seven submissions were received in response to this invitation to comment.

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 – South Australian Beach-cast Marine Algae Fishery

 

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 purpose of this instrument is to delete from the list specimens that are or are derived from fish or invertebrates taken in the South Australian Beach-cast Marine Algae Fishery (the fishery), and any and notations specified in Schedule 1 to the instrument.

Schedule 2 to the instrument also includes in the list specimens 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 Agriculture, Water and the Environment’s website at: http://www.environment.gov.au/marine/fisheries/sa/seagrass

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.

Laura Timmins, Senior Director, Wildlife Trade Office (Delegate of the Minister for the Environment)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for the Commonwealth to protect and conserve Australia’s native wildlife by regulating international trade in order to protect targeted species against over-exploitation and Australian and international ecosystems. The Act provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. In September 2021, an amendment was made to this list to delete specimens that are, or are derived from, fish or invertebrates taken in the South Australian Beach-cast Marine Algae Fishery, and to include in the list specimens taken from the fishery with certain notations. This amendment was introduced to allow the export of these specimens without the need for export permits, subject to the conditions provided in the notations. The amendment was made by the delegate of the Minister for the Environment, pursuant to the authority specified in the EPBC Act. The purpose of this amendment was to facilitate continued export of these specimens while an approved wildlife trade operation declaration for the fishery is in force. The amendment was subject to consultation with the Department of Primary Industries and Regions, South Australia, and was advertised on the Department of Agriculture, Water and the Environment’s website for public comment. This Legislative Instrument is compatible with human rights and does not raise any human rights issues.

Scope and Application

The F2021L01302 legislative instrument amends the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999, specifically addressing the South Australian Beach-cast Marine Algae Fishery. This amendment allows for the export of specimens taken from the fishery without requiring export permits, subject to certain conditions outlined in the notations specified in Schedule 2. These conditions include the lawful taking of the specimens and the presence of an approved wildlife trade operation declaration for the fishery. The instrument applies to the specimens taken from the specified fishery and operates under the framework of the EPBC Act, which mandates the protection and conservation of native wildlife through the regulation of international trade to prevent over-exploitation. The amendment does not necessitate a strategic assessment as it does not pertain to fisheries managed under the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984, and it excludes specimens that are part of listed threatened species, migratory species, or marine species under the EPBC Act. The instrument incorporates relevant state and territory legislation and Commonwealth Acts as in force at the time of its commencement, and it is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment (Exempt Native Specimens) Instrument 2021 (F2021L01302) amends the List of Exempt Native Specimens by deleting specimens derived from the South Australian Beach-cast Marine Algae Fishery and adding new specimens taken from the fishery. The changes are detailed in Schedule 1 and Schedule 2. The key provisions include the deletion of specimens derived from fish or invertebrates in the fishery (Schedule 1) and the addition of specimens taken from the fishery, subject to conditions that they were taken lawfully and that the fishery holds an approved wildlife trade operation declaration (Schedule 2). The instrument operates by exempting the specified specimens from trade control provisions when exported, provided certain conditions are met. The Act imposes obligations on entities involved in the export of these specimens to ensure compliance with the conditions specified in the notations. Specifically, entities must verify that the specimens were taken lawfully and that the approved wildlife trade operation declaration for the fishery remains in effect. This requirement ensures that the export of these specimens does not lead to the overexploitation of native species or ecosystems. Breaches of the conditions specified in the notations may result in civil or criminal penalties. While the exact penalties are not detailed in the Explanatory Statement, breaches of the EPBC Act generally can attract significant fines and, in some cases, imprisonment. The Act empowers the Minister to take enforcement actions against individuals or entities that fail to comply with its provisions. Such enforcement actions may include fines, suspension or revocation of wildlife trade operation declarations, and legal proceedings to prevent further breaches. The instrument clarifies that no strategic assessment under the EPBC Act is required for the fishery, as it is not managed under the Fisheries Management Act 1991 (Cth) or the Torres Strait Fisheries Act 1984 (Cth). This exemption simplifies the process for listing the specimens, as strategic assessments are typically required for fisheries managed by the Commonwealth. The Minister, in making the decision to amend the list, relied on the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, ensuring the ecological sustainability of the fishery's management arrangements. Overall, the amendment aims to facilitate the export of certain marine specimens while ensuring they are sourced sustainably and legally. The conditions attached to the listing of these specimens underscore the importance of maintaining ecological integrity and preventing illegal trade.

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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.