Amendment of List of Exempt Native Specimens – Western Australian Pilbara Fish Trawl Managed Fishery and Western Australian West Coast Rock Lobster Managed Fishery, May 2018

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

Legislation au F2018L00658 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment of List of Exempt Native Specimens – Western Australian Pilbara Fish Trawl Managed Fishery and Western Australian West Coast Rock Lobster Managed Fishery, May 2018

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 two fisheries specified in Schedule 1. The instrument also includes specimens from the same two 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:

  • Western Australian Pilbara Fish Trawl Managed Fishery
  • Western Australian West Coast Rock Lobster Managed 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 the instrument can be freely accessed on the following state and territory legislation websites:

  • Western Australian legislation at https://www.slp.wa.gov.au/Index.html (as of April 2018)

 

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/.

 

Listing of the specimens described above in the list of exempt native specimens will allow export of these specimens until the dates specified in Schedule 2. The only effect of this amendment is to extend the specified dates.

 

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 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 Western Australian Department of Primary Industries and Regional Development has been consulted and supports amending the list of exempt native specimens to include product derived from the Western Australian Pilbara Fish Trawl Managed Fishery and the Western Australian West Coast Rock Lobster Managed 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 20 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 –

Western Australian Pilbara Fish Trawl Managed Fishery and Western Australian West Coast Rock Lobster Managed Fishery, May 2018

 

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 two fisheries specified in Schedule 1. The instrument also includes specimens from the same two 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 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 and Energy)

 

 

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect the environment, particularly in relation to biodiversity and the impacts of activities that may have significant environmental effects. The Act was introduced to provide a coordinated approach to environmental protection under Commonwealth jurisdiction, ensuring that significant environmental impacts are properly assessed and managed. This legislative instrument amends the list of exempt native specimens under section 303DB of the EPBC Act, allowing certain specimens taken from specified fisheries in Western Australia to be exported until specified dates. The changes were made following consultations with relevant stakeholders, including the Western Australian Department of Primary Industries and Regional Development, and public consultation through the Department of the Environment and Energy’s website. The policy objective is to align the export provisions with the sustainable management practices of the fisheries in question, ensuring that the trade of these specimens does not adversely affect their conservation status.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of List of Exempt Native Specimens – Western Australian Pilbara Fish Trawl Managed Fishery and Western Australian West Coast Rock Lobster Managed Fishery, May 2018 instrument amends the list of exempt native specimens in accordance with Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999. This amendment affects the Western Australian Pilbara Fish Trawl Managed Fishery and the Western Australian West Coast Rock Lobster Managed Fishery by removing certain specimens from the list of exempt native specimens while also including others, subject to conditions that the specimens were taken lawfully and remain in the list until specified dates. The instrument is applicable nationally under the Commonwealth jurisdiction and applies to the specified fisheries and their derived specimens. Exemptions and conditions are specified, and the instrument notes that specimens belonging to eligible listed threatened species or listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora are not included in the list. The amendment is consistent with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries and involves consultation with relevant stakeholders, including the Western Australian Department of Primary Industries and Regional Development.

Key Provisions

The primary provisions of the legislative instrument, as detailed in the explanatory statement, revolve around amending the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303DB and 303DC). Specifically, the instrument modifies the list by removing certain specimens from the exemption list taken from the Western Australian Pilbara Fish Trawl Managed Fishery and the Western Australian West Coast Rock Lobster Managed Fishery, as outlined in Schedule 1, and adding others to the list under specific conditions, as stated in Schedule 2. These amendments are subject to the specimen, or the fish or invertebrate from which it is derived, being taken lawfully, and the inclusion in the list is temporary, extending only until the dates specified in Schedule 2. Furthermore, the amendments ensure that specimens from eligible listed threatened species are not included unless certain conditions are met, as stipulated in subsection 303DB(6) of the EPBC Act. Additionally, 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 of exempt native specimens under section 303CA of the EPBC Act. The obligations imposed by the Act on the parties or entities it governs include ensuring that any specimens taken from the specified fisheries and intended for export comply with the conditions set forth in the amendment. This means that any person or entity involved in the export of these specimens must verify that the specimens were taken lawfully and adhere to the specific dates for export approval as outlined in Schedule 2. Furthermore, they must ensure that the specimens do not belong to any eligible listed threatened species unless the conditions for inclusion in the list of exempt native specimens are satisfied. Additionally, any person or entity involved in the trade of these specimens must ensure compliance with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) by not including specimens derived from taxa listed under CITES. Breach of the provisions outlined in this legislative instrument may result in various civil or criminal consequences. Under the EPBC Act, failure to comply with the trade control provisions for regulated native specimens, or providing false or misleading information, can lead to substantial penalties. Specifically, individuals may face fines of up to $222,200 and/or imprisonment for up to five years, while corporations may be fined up to $1,111,000. Additionally, the Minister for the Environment and Energy has the authority to take enforcement actions, which may include the seizure of specimens and the imposition of further penalties. It is essential for all parties involved to adhere strictly to the conditions and requirements set forth in the Act to avoid these serious consequences.

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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.