Amendment of List of Exempt Native Specimens – Tasmanian Marine Plant Fishery December 2017

Legislation au F2017L01654 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 – Tasmanian Marine Plant Fishery December 2017

 

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 instrument deletes specimens from the list of exempt native specimens that are taken in the Tasmanian King Island Cast Bull Kelp Fishery specified in Schedule 1. The instrument also includes specimens from the Tasmanian Marine Plant 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.

 

State legislation referred to in Schedule 2 to the instrument is incorporated as in force at the time this instrument commences. State legislation incorporated by reference in the instrument can be freely accessed at https://www.legislation.tas.gov.au/ (as of December 2017).

 

Section 10 of the Acts Interpretation Act 1901 (and, for legislative instruments, as applied by section 13(1)(a) of the Legislation Act 2003) has the effect that references to Commonwealth legislation can be taken to be references to versions of that legislation as in force from time to time. All Commonwealth legislation can be freely accessed at the Federal Register of Legislation – https://www.legislation.gov.au/.

 

The effect of this instrument is to simplify the description of the specimens in the list of exempt native specimens, to reflect changes in the management regime including amending the name under which the fishery operates, and to extend the export approval for the Tasmanian Marine Plant Fishery until the date specified in Schedule 2.

 

Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens, without requiring export permits, while an approved wildlife trade operation declaration for the fishery is in force.

 

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 Tasmanian Department of Primary Industries, Parks, Water and Environment has been consulted and supports amending the list of exempt native specimens to include product derived from the Tasmanian Marine Plant Fishery. In addition, the proposal to amend the list of exempt native specimens was 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. No comments were received.

 

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

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The instrument deletes specimens from the list of exempt native specimens that are taken in the Tasmanian King Island Cast Bull Kelp Fishery specified in Schedule 1. The instrument also includes specimens from the Tasmanian Marine Plant 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 effect of this instrument is to simplify the description of the specimens in the list of exempt native specimens, to reflect changes in the management regime including amending the name under which the fishery operates, and to extend the export approval for the Tasmanian Marine Plant Fishery until the date 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.

 

 

 

Ilse Kiessling, Acting 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) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act aims to safeguard Australia's biodiversity and ecological processes, including the conservation of native species and ecosystems. In December 2017, the Act was amended through legislative instrument F2017L01654 to update the List of Exempt Native Specimens. This amendment was necessary to reflect changes in the management regime of certain fisheries in Tasmania, including the renaming and restructuring of the Tasmanian King Island Cast Bull Kelp Fishery and the Tasmanian Marine Plant Fishery. The legislative instrument deletes specimens from the list of exempt native specimens taken in the Tasmanian King Island Cast Bull Kelp Fishery and includes specimens from the Tasmanian Marine Plant Fishery in the list, subject to conditions and restrictions. The policy objective of this amendment is to streamline the regulatory framework for the export of these specimens while ensuring compliance with ecological sustainability criteria.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of List of Exempt Native Specimens – Tasmanian Marine Plant Fishery December 2017 pertains to the management of native specimens taken from specific fisheries in Tasmania, including those from the Tasmanian King Island Cast Bull Kelp Fishery and the Tasmanian Marine Plant Fishery. This legislation applies to entities involved in the fishing industry, particularly those engaged in marine plant fisheries within the Commonwealth of Australia. It targets the trade control provisions that exempt certain native specimens from regulated status, thereby affecting the conduct and transactions related to the export and management of these specimens. The Act's jurisdictional reach is national, as it operates under the auspices of the Commonwealth. Exclusions and exemptions within the Act are clearly delineated in the Schedules, particularly concerning the lawful acquisition and management conditions of the specimens. The Act also extends its application through subordinate instruments, which are referenced and can be accessed via the Federal Register of Legislation and the Tasmanian legislation website. This amendment reflects changes in the fishery management regime and ensures compliance with Australia's ecologically sustainable development guidelines.

Key Provisions

Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the establishment of a list of exempt native specimens (section 303DB). The legislative instrument amends this list by deleting certain specimens taken in the Tasmanian King Island Cast Bull Kelp Fishery (Schedule 1) and adding specimens from the Tasmanian Marine Plant Fishery, subject to conditions and until specified dates (Schedule 2). These changes are intended to simplify the description of the specimens and reflect changes in the management regime, including the name of the fishery. The Act imposes several obligations on the parties involved. The Minister for the Environment and Energy must consult with relevant ministers and stakeholders before amending the list of exempt native specimens (subsection 303DC(3)). The Tasmanian Department of Primary Industries, Parks, Water and Environment has been consulted and supports the amendment. Additionally, the proposal was advertised on the Department of the Environment and Energy’s website, inviting comments from interested parties for 22 business days, although no comments were received. Breaches of the provisions outlined in the EPBC Act may lead to various civil and criminal consequences. For example, unauthorised trade in regulated native specimens can result in substantial fines and imprisonment. The exact penalties for breaches depend on the specific nature of the offence and can vary significantly. For example, the maximum penalty for contravening a wildlife protection provision in the EPBC Act can be up to $222,000 for an individual and $1,110,000 for a body corporate, along with potential imprisonment terms. The legislative instrument itself does not specify penalties but references the broader provisions of the EPBC Act where such penalties are defined. The instrument is designed to ensure that the specimens listed are subject to appropriate ecological and legal standards, thus supporting sustainable management practices. It is also compatible with human rights as it does not raise any human rights issues, as confirmed in the Statement of Compatibility with Human Rights. This compatibility is based on the fact that the legislative instrument does not engage any of the applicable rights or freedoms as recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

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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.