Amendment of List of Exempt Native Specimens – South Australian Marine Scalefish Fishery, March 2019

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2019L00286 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 Marine Scalefish Fishery, March 2019

(Issued by the authority of the delegate of the Minister for the Environment)

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.

 

The effect of this instrument is to delete specimens from the list of exempt native specimens taken in the South Australian Marine Scalefish Fishery specified in Schedule 1. The instrument also includes specimens from the same South Australian Marine Scalefish Fishery in the list of exempt native specimens, 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 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 on the South Australian legislation website at www.legislation.sa.gov.au (as of March 2019).

 

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/.

 

The only effect of this instrument is to continue the export approval for the specimens taken in this fishery until the dates specified in Schedule 2.

 

A strategic assessment under the provisions of Part 10 of the EPBC Act is only required for fisheries managed under the Fisheries Management Act 1991 (Cth) or the Torres Strait Fisheries Act 1984 (Cth). 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/NT 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.

 


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 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 Marine Scalefish 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 24 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 WITH HUMAN RIGHTS

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 Marine Scalefish Fishery, March 2019

 

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 effect of this instrument is to delete specimens from the list of exempt native specimens taken in the South Australian Marine Scalefish Fishery specified in Schedule 1. The instrument also includes specimens from the same South Australian Marine Scalefish Fishery in the list of exempt native specimens, 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.

 

The only effect of this instrument is to extend the export approval 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)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a coordinated approach to the protection of the environment, particularly focusing on matters of national environmental significance. This legislation establishes a framework for the conservation of Australia's biodiversity and the management of activities that may have significant environmental impacts. The Act empowers the federal government to regulate activities that might adversely affect listed threatened species and ecological communities, and to ensure compliance with international obligations under conventions such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Enacted by the Australian Parliament, the EPBC Act aims to achieve a balance between economic development and environmental conservation, ensuring that ecological sustainability is considered in decision-making processes. The policy objective is to protect and conserve Australia's biodiversity, ecosystems, and heritage, while also facilitating sustainable development through effective environmental management.

Scope and Application

The legislative instrument, F2019L00286, amends the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999, focusing specifically on specimens taken in the South Australian Marine Scalefish Fishery. This instrument modifies the list by deleting certain specimens while adding others with specified restrictions or conditions, such as the requirement for lawful taking and inclusion until certain dates outlined in Schedule 2. The changes apply to entities involved in the South Australian Marine Scalefish Fishery, ensuring compliance with national environmental regulations while allowing for the continued export of specified specimens until the dates provided. Notably, this instrument excludes specimens that belong to eligible listed threatened species unless specific conditions are met, aligning with the broader objectives of the Environment Protection and Biodiversity Conservation Act. The geographic reach of this legislation is national, impacting all states and territories within Australia, as it pertains to the management of native specimens under federal environmental law. The instrument's implementation is governed by the Legislation Act 2003, with all relevant state and Commonwealth legislation incorporated as in force at the time of the instrument's commencement. This legislative change ensures that the fishery continues to operate within the legal framework established by the Australian Government, balancing ecological sustainability with commercial interests.

Key Provisions

The main operative sections of the legislation, F2019L00286, involve amendments to the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DC(1) of the EPBC Act allows for the establishment of a list of exempt native specimens, and this instrument modifies that list in relation to specimens taken in the South Australian Marine Scalefish Fishery. Under section 303DB, specimens included in the list are exempt from the trade control provisions that apply to regulated native specimens. The instrument deletes certain specimens from the list of exempt native specimens as specified in Schedule 1 and includes others with specific conditions, as noted in Schedule 2. The Act imposes certain obligations and requirements on the parties involved. It mandates that specimens belonging to eligible listed threatened species cannot be included in the list unless specific conditions are met, as outlined in section 303DB(6) of the EPBC Act. Moreover, 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, as stipulated in section 303CA. The decision to amend the list is also subject to consultation requirements, where the Minister for the Environment must consult with relevant Commonwealth and state ministers and other stakeholders as appropriate, as per section 303DC(3). The instrument ensures these consultations and public advertisements have been completed before the amendment takes effect. There are potential civil and criminal consequences for breach of the provisions under the EPBC Act. Violations related to the trade of native specimens, including unauthorised trade in regulated species, can result in significant penalties. For individuals, the maximum penalties include fines of up to $222,222 or imprisonment for up to five years, or both, under section 474 of the Act. For corporations, the penalties can be even more severe, reaching up to $1,111,110 or multiples of the value of the benefit obtained from the offence, as per section 475. Additionally, the Act allows for the seizure and forfeiture of the specimens involved in the breach, as outlined in section 478. The instrument is designed to ensure that the export of specimens from the South Australian Marine Scalefish Fishery remains compliant with federal environmental protection laws while allowing for the continuation of lawful fishing activities. It also reflects the Australian Government's commitment to ecologically sustainable management practices, as evidenced by the consultation process and adherence to the Guidelines for the Ecologically Sustainable Management of Fisheries. This legislative change ensures that the balance between economic activities and environmental protection is maintained, with appropriate oversight and regulatory measures in place.

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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.