Amendment of List of Exempt Native Specimens – Western Australian Pilbara Fish Trawl Managed Fishery, August 2018

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

Legislation au F2018L01582 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment of List of Exempt Native Specimens – WESTERN AUSTRALIAN PILBARA FISH TRAWL MANAGED FISHERY, AUGUST 2018

 

Prepared 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 the Western Australian Pilbara Fish Trawl Managed Fishery as specified in Schedule 1. The instrument also includes specimens from the same 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.

 

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 website:

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

 

Revoking the conditions and imposing the above conditions to which the inclusion of the specimens in the list of exempt native specimens is subject will allow continued export of these specimens while they are covered by the declaration of an approved wildlife operation.

 

A strategic assessment under the provisions of Part 10 of the EPBC Act is only required for fisheries managed under the Fisheries Management Act 1991 (Cwth) or the Torres Strait Fisheries Act 1984 (Cwth). The Australian Government and State/Northern Territory governments have negotiated Offshore Constitutional Settlement (OCS) arrangements that mandate each jurisdiction’s responsibilities for managing the different fisheries resources in inshore and offshore areas. Under the OCS arrangements commercial fisheries managed by the States/NT may operate in Commonwealth waters, but operators are subject to federal laws in relation to interactions with protected species and ecological communities, and for impacts on the Commonwealth marine area.

 

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. 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 23 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, AUGUST 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 Western Australian Pilbara Fish Trawl Managed Fishery as specified in Schedule 1. The instrument also includes specimens from the same 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.

Revoking the conditions and imposing the above conditions to which the inclusion of the specimens in the list of exempt native specimens is subject will allow continued export of these specimens while they are covered by the declaration of an approved wildlife operation.

 

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.

 

Melissa Price, Minister for the Environment

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive legal framework to protect Australia's biodiversity, including its native species and ecosystems. This Act provides the basis for regulating activities that may impact the environment, particularly focusing on preventing significant harm to matters of national environmental significance. The Act empowers the Commonwealth to intervene in matters where state jurisdictions may be insufficient in protecting these significant aspects of the environment. In this context, the EPBC Act establishes a list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens, ensuring that the trade of certain species does not negatively impact their conservation status. The legislative instrument introduced in August 2018 amends the list of exempt native specimens under the EPBC Act to specifically address specimens taken in the Western Australian Pilbara Fish Trawl Managed Fishery. This amendment seeks to refine the regulatory framework surrounding the export of these specimens, subject to conditions ensuring their lawful capture and the continued sustainability of the fishery. The changes reflect a balance between supporting the fishing industry and protecting the ecological integrity of the species involved, in line with Australia's obligations under international wildlife trade agreements and the Australian Government's guidelines for the ecologically sustainable management of fisheries.

Scope and Application

The legislative instrument amends the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by deleting certain specimens taken from the Western Australian Pilbara Fish Trawl Managed Fishery and including others in the list of exempt native specimens, subject to specific conditions. The instrument applies to entities and persons involved in the export of specimens derived from the fishery, ensuring compliance with the EPBC Act's trade control provisions. This instrument extends the geographic reach of the Act to cover the Western Australian Pilbara Fish Trawl Managed Fishery. It also incorporates relevant state and territory legislation and Commonwealth Acts to ensure comprehensive application of the conditions specified. The instrument excludes specimens that belong to eligible listed threatened species unless certain conditions are met and includes only those specimens derived from taxa listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) if they comply with the EPBC Act. The instrument takes into account the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries' and was subject to consultation with relevant stakeholders and public comment. The instrument is a legislative instrument for the purposes of the Legislation Act 2003 and commences the day after it is registered.

Key Provisions

The main operative sections of this legislation are section 303DB(1) and section 303DC(3) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB(1) establishes the list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. Section 303DC(3) requires the Minister for the Environment and Energy to consult appropriate ministers and other persons or organisations before amending the list. This instrument modifies the list by deleting certain specimens taken in the Western Australian Pilbara Fish Trawl Managed Fishery as specified in Schedule 1 and including others in the list of exempt native specimens with specific conditions, as outlined in Schedule 2. The obligations imposed by this Act primarily involve ensuring that any specimens included in the list of exempt native specimens meet the specified conditions, such as being taken lawfully and not belonging to an eligible listed threatened species unless certain criteria are met. Furthermore, the Act mandates consultation with relevant ministers and other stakeholders before any amendments to the list of exempt native specimens are made. Additionally, it requires adherence to the Australian Government’s guidelines for the ecologically sustainable management of fisheries. Offences, penalties, or civil/criminal consequences for breach are not explicitly stated in the text of this instrument. However, generally under the EPBC Act, failure to comply with the requirements can result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. The specific penalties would be determined based on the relevant provisions of the EPBC Act and other applicable laws. In summary, this legislative instrument amends the list of exempt native specimens under the EPBC Act, imposes conditions on the inclusion of these specimens, and mandates consultation with relevant stakeholders. While the specific penalties for non-compliance are not detailed in this instrument, general provisions of the EPBC Act provide for fines and imprisonment for breaches.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Licensing & Registration
Regulatory Standards

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.