Amendment of List of Exempt Native Specimens – Victorian Scallop (Ocean) Fishery, November 2017

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

Legislation au F2017L01589 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment of the List of Exempt Native Specimens – Victorian Scallop (Ocean) Fishery, November 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 effect of this instrument is to include the following specimens in the list of exempt native specimens:

 

  • 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 Victorian Scallop (Ocean) Fishery, as defined in the management regime in force under the Fisheries Act 1995 (Vic) and Fisheries Regulations 2009 (Vic),

 

with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:

 

  • 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.

 

State legislation referred to in the instrument is incorporated as in force at the time this instrument commences. All state legislation incorporated by reference in the instrument can be freely accessed on the Victorian legislation website at http://www.legislation.vic.gov.au/ (as of November 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/.

 

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 Victorian Fisheries Authority has been consulted and supports amending the list of exempt native specimens to include product derived from the Victorian Scallop (Ocean) 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 31 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.

 

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 effect of this instrument is to include the following specimens in the list of exempt native specimens:

  • 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 Victorian Scallop (Ocean) Fishery, as defined in the management regime in force under the Fisheries Act 1995 (Vic) and Fisheries Regulations 2009 (Vic),

with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:

  • 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.

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.

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.

 

Veronica Blazely, 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, especially matters of national environmental significance, and to facilitate ecologically sustainable development. This legislation aims to address the need for comprehensive environmental protection and biodiversity conservation, ensuring that development and resource use are sustainable and do not harm the environment. The EPBC Act outlines the framework for the conservation and sustainable use of Australia's biodiversity and ecological processes. This legislative instrument amends the list of exempt native specimens under Section 303DB of the EPBC Act to include certain specimens derived from the Victorian Scallop (Ocean) Fishery, subject to specific conditions. The inclusion of these specimens in the list exempts them from the trade control provisions that apply to regulated native specimens, allowing for their export without requiring export permits, provided they meet the specified lawful and operational criteria. The amendment was made in consultation with relevant stakeholders, including the Victorian Fisheries Authority, and was subject to public consultation as required by the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens – Victorian Scallop (Ocean) Fishery, November 2017, pertains to specimens derived from fish or invertebrates taken within the Victorian Scallop (Ocean) Fishery, as defined by the relevant state legislation. Specimens included in the list of exempt native specimens are exempt from the trade control provisions applicable to regulated native specimens. However, this exemption applies only if the specimens do not belong to species listed under Part 13 of the EPBC Act (excluding those in the conservation dependent category) or taxa listed under section 303CA of the EPBC Act (Australia’s CITES list). The exemption is also subject to the conditions that the specimens were taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery. This legislative instrument operates at the Commonwealth level but applies to activities regulated under Victorian state legislation, specifically those defined in the Fisheries Act 1995 (Vic) and Fisheries Regulations 2009 (Vic). The decision to amend the list was made following consultation with relevant authorities and public comment, ensuring alignment with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.

Key Provisions

The key operative sections of the instrument are primarily focused on Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which pertains to the establishment of a list of exempt native specimens. Section 303DB allows the Minister for the Environment and Energy to include specimens in this list, thereby exempting them from the trade control provisions that apply to regulated native specimens. In this case, specimens that are or derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act (excluding conservation dependent species) and those listed under section 303CA (Australia’s CITES list), taken in the Victorian Scallop (Ocean) Fishery, are included in the list. This inclusion is subject to certain conditions, such as the specimens being taken lawfully and being covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act (subsection 303DC(3)). The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, the specimens must be taken lawfully, ensuring compliance with relevant state and federal laws governing fisheries. Secondly, the specimens must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. This requirement ensures that the trade of these specimens is managed in an ecologically sustainable manner. Additionally, the Minister for the Environment and Energy must consult with other relevant ministers and authorities, such as the Victorian Fisheries Authority, before amending the list of exempt native specimens, as stipulated in subsection 303DC(3). Public consultation is also required, with the proposal to amend the list advertised on the Department of the Environment and Energy’s website for a period of 31 business days to invite comments from interested parties. There are potential consequences for breaches of the provisions set out in the instrument. While the explanatory statement does not explicitly detail specific offences, penalties, or consequences for breaches, it is reasonable to infer that breaches could result in legal actions under the EPBC Act, including potential civil and criminal penalties. The EPBC Act includes provisions for offences related to the trade of native specimens, with penalties that can include substantial fines and imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as any relevant state legislation governing fisheries. The inclusion of the specimens in the list of exempt native specimens is contingent on compliance with the conditions and restrictions outlined in the instrument, and non-compliance could lead to revocation of the exemption and other legal repercussions.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Licensing & Registration

Interactions

Authorises

All Versions

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.