EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act, 1999

Amendment of the list of exempt native specimens 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 from the list of exempt native specimens the following specimens and any associated notations:

• specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), taken in the Southern and Eastern Scalefish and Shark Fishery, as defined in the management plan for the fishery made under the Fisheries Management Act 1991 and the Fisheries Management Regulations 1992

amend the list of exempt native specimens to include the following specimens and any associated notations:

• specimens that are or are derived from fish or invertebrates, other than:

        specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and

        specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list)

taken in the Southern and Eastern Scalefish and Shark Fishery, as defined in the management plan for the fishery made under the Fisheries Management Act 1991 and the Fisheries Management Regulations 1992

and impose the following conditions to which the inclusion of the specimens in the list is subject:

• the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
• the specimens are covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.

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. In this instance, the Delegate of the Minister for the Environment consulted with the Australian Fisheries Management Authority as the Australian Fisheries Management Authority has management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of the Environment’s website and comment was invited from interested people for a period of 25 business days. All comments received were taken into account in the decision to amend the list of exempt native specimens.

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.

STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES