Amendment of List of Exempt Native Specimens – Torres Strait Beche-de-mer, Torres Strait Tropical Rock Lobster, South Australian Lakes and Coorong, New South Wales Abalone, New South Wales Estuary General, New South Wales Estuary Prawn Trawl, New South Wales Lobster, New South Wales Ocean Hauling, New South Wales Ocean Trawl and Northern Territory Demersal Fisheries, October 2017

Legislation au F2017L01378 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 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 instrument deletes specimens from the list of exempt native specimens that are taken in ten fisheries specified in Schedule 1. The instrument also includes specimens from the same ten fisheries 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 relevant fisheries are as follows:

        Torres Strait Beche-de-mer Fishery

        Torres Strait Tropical Rock Lobster Fishery

        South Australian Lakes and Coorong Fishery

        New South Wales Abalone Fishery

        New South Wales Estuary General Fishery

        New South Wales Estuary Prawn Trawl Fishery

        New South Wales Lobster Fishery

        New South Wales Ocean Hauling Fishery

        New South Wales Ocean Trawl Fishery

        Northern Territory Demersal Trawl Fishery

 

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 this instrument can be freely accessed on the following state and territory legislation websites:

  • South Australia – https://www.legislation.sa.gov.au/index.aspx (as of October 2017)
  • New South Wales – www.legislation.nsw.gov.au (as of October 2017)
  • Northern Territory – www.legislation.nt.gov.au (as of October 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 extend the export approval for the specimens until the dates specified in Schedule 2.

 

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 Australian Fisheries Management Authority, the South Australian Department of Primary Industries and Regions, the New South Wales Department of Primary Industries, and the Northern Territory Department of Primary Industry and Resources have been consulted and support amending the list of exempt native specimens to include product derived from these ten fisheries.

 

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 ten fisheries specified in Schedule 1. The instrument also includes specimens from the same ten fisheries 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 extend the export approval for the specimens 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 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 regard to matters of national environmental significance. It was introduced to address the gap in comprehensive environmental protection and biodiversity conservation across Australia. The Act was enacted by the Australian Parliament and aims to protect and manage the environment by regulating activities that may harm the environment, including the trade of native specimens. This legislative instrument amends the List of Exempt Native Specimens in accordance with Section 303DC of the EPBC Act, specifically targeting specimens taken in ten specified fisheries. The instrument removes certain specimens from the list of exempt native specimens and includes others with conditions that the specimens were taken lawfully and are included in the list until specified dates. The changes are designed to align with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management arrangements of the relevant fisheries are ecologically sustainable.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC pertains to the modification of the list of exempt native specimens under the EPBC Act. This amendment involves the deletion of specimens from the list of exempt native specimens that are sourced from ten specified fisheries, and the subsequent inclusion of these same specimens in the list with certain conditions. The conditions include that the specimens or the fish or invertebrate from which they are derived must have been taken lawfully, and that the specimens remain on the list until specified dates outlined in Schedule 2. The fisheries involved include the Torres Strait Beche-de-mer Fishery, Torres Strait Tropical Rock Lobster Fishery, South Australian Lakes and Coorong Fishery, and various New South Wales fisheries such as the Abalone Fishery, Estuary General Fishery, and others, as well as the Northern Territory Demersal Trawl Fishery. This legislative instrument applies nationally, extending the export approval for the specimens until the dates specified in Schedule 2, and is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The primary operative sections of this legislative instrument, under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), are Sections 303DB and 303DC. Section 303DB allows for the establishment of a list of exempt native specimens, which are exempt from trade control provisions applicable to regulated native specimens. Section 303DC provides the authority to amend this list through a legislative instrument. This particular instrument removes certain specimens from the list of exempt native specimens if they are taken from ten specified fisheries (Section 1). It also adds these specimens back to the list, but with specific conditions: the specimens must have been taken lawfully, and their inclusion in the list is contingent upon specified dates (Section 2). The Act imposes specific obligations and requirements on parties involved in the trade of these native specimens. Firstly, any specimens taken from the specified fisheries must be included in the list of exempt native specimens only if they meet the condition of being taken lawfully. Additionally, the inclusion of these specimens in the list is temporary and subject to the dates specified in Schedule 2, which details the duration until which the export approval remains in effect (Section 2). Parties involved in the trade of these specimens must ensure compliance with both the legal capture and the temporary nature of their exemption status. For breaches of the conditions set forth in this legislative instrument, there may be civil or criminal consequences. However, the specific penalties are not detailed in the explanatory statement. Generally, under the EPBC Act, penalties for breaches can include substantial fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant state or territory legislation that might also apply. It is essential for parties to adhere to the lawful capture condition and the specified dates to avoid any legal repercussions. This legislative instrument is compatible with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. The statement of compatibility asserts that the amendment does not engage any of the applicable rights or freedoms recognized in the international instruments listed in the Act. Consequently, there are no human rights implications arising from this legislative change, ensuring that the instrument aligns with the protection of human rights as recognised internationally.

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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.