Amendment of List of Exempt Native Specimens – South Australian Lakes and Coorong Fishery, February 2022

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

Legislation au F2022L00185 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 Lakes and Coorong Fishery, February 2022

(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 certain 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 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 South Australian Lakes and Coorong Fishery, and any and 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 same South Australian Lakes and Coorong Fishery identified above, 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 date specified in Schedule 2.

Listing these specimens in the list will allow export of these specimens without the need for export permits, until the date specified in Schedule 2. A link to the instrument is accessible via the Department of Agriculture, Water and the Environment’s website at https://www.awe.gov.au/environment/marine/fisheries/sa/coorong.

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: www.legislation.sa.gov.au (as of February 2022).

 

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/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/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.

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.

The guidelines are accessible via the Department of Agriculture, Water and the Environment’s website at: https://www.awe.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 Department of Primary Industries and Regions South Australia has been consulted and supports amending the list to include product derived from the South Australian Lakes and Coorong Fishery.

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 Lakes and Coorong Fishery, February 2022

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 Lakes and Coorong Fishery, and any and 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 same South Australian Lakes and Coorong Fishery identified above, 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 date specified in Schedule 2. 

Listing these specimens in the list will allow export of these specimens without the need for export permits, until the date specified in Schedule 2. A link to the instrument is accessible via the Department of Agriculture, Water and the Environment’s website at https://www.awe.gov.au/environment/marine/fisheries/sa/coorong.

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.

 

Adam Sincock, Principal 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 provide for the protection of the environment, including native wildlife, by regulating international trade in order to protect targeted species against over exploitation and to protect Australian and international ecosystems. This legislation introduced by the Commonwealth Parliament of Australia aims to address the problem of over exploitation and trade of native wildlife, ensuring that such activities are conducted sustainably and in compliance with relevant regulations. The Act establishes a list of exempt native specimens to streamline the export process for certain specimens, provided they meet specific conditions. In February 2022, an amendment was introduced to adjust the list of exempt native specimens, specifically removing those derived from the South Australian Lakes and Coorong Fishery and including them with certain restrictions, thus facilitating lawful exports of these specimens until a specified date. This legislative instrument does not engage any of the applicable rights or freedoms under the international human rights instruments, and is therefore considered compatible with human rights.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of List of Exempt Native Specimens – South Australian Lakes and Coorong Fishery, February 2022, amends the list of exempt native specimens under the EPBC Act, thereby regulating the export of certain fish and invertebrate specimens from the South Australian Lakes and Coorong Fishery. This amendment applies to entities involved in the export of these specimens and pertains to the South Australian Lakes and Coorong Fishery specifically, which is managed under state jurisdiction as per the Offshore Constitutional Settlement arrangements. The amendment excludes specimens that belong to eligible listed threatened species, Australia's List of Migratory Species, and the List of Marine Species. Additionally, specimens derived from taxa listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are not included in the list. The instrument allows for the export of these specimens without the need for export permits, subject to the conditions specified in Schedule 2, which mandates that the specimens must be taken lawfully and are included in the list until a specified date. This legislative instrument does not require a strategic assessment as it does not pertain to fisheries managed under the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984. The instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Key Provisions

This legislation amends the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to adjust the status of specimens derived from the South Australian Lakes and Coorong Fishery (section 303DB). Specifically, it removes certain specimens from the list of exempt specimens and adds others with specific conditions, as outlined in Schedules 1 and 2 of the instrument. The specimens that are removed are no longer exempt from trade control provisions, while those added with conditions can be exported without the need for export permits, subject to compliance with the specified conditions. The Act imposes obligations on entities and individuals involved in the trade of these specimens to ensure that any export is lawful and complies with the conditions specified in the list. This includes verifying that the specimens were taken lawfully and are not derived from species listed as threatened or migratory under the EPBC Act. Additionally, entities must adhere to any other relevant state or territory legislation that governs the fishery and its operations, as incorporated by reference in the instrument. Failure to comply with the provisions of the EPBC Act and the conditions specified in the list can result in significant legal consequences. Offences under the Act may lead to civil or criminal penalties, with maximum penalties varying depending on the severity of the breach. For example, unauthorised actions that impact listed threatened species can result in substantial fines and imprisonment. The precise penalties are detailed in the EPBC Act, and non-compliance can lead to enforcement actions by regulatory authorities. In summary, this legislative instrument modifies the list of exempt native specimens to facilitate lawful trade of certain fishery products from the South Australian Lakes and Coorong Fishery while ensuring that these activities do not adversely impact protected species or ecosystems. Compliance with the Act and the conditions specified in the list is crucial to avoid legal repercussions.

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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.