Amendment of List of Exempt Native Specimens - Western Australian South Coast Trawl Fishery (14/05/2013) (inclusion)

Administered by Department of the Environment and Energy

Legislation au F2013L00807 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 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, taken in the Western Australian South Coast Trawl Fishery as defined in the Western Australian Department of Fisheries Exemption Number 2215 relating to the South Coast Trawl Fishery made under the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995,

 

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.

 

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 Sustainability, Environment, Water, Population and Communities 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. In this instance, the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities consulted with the Western Australian Department of Fisheries as the Western Australian Department of Fisheries has management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website and comment was invited from interested people for a period of 22 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 Legislative Instruments Act 2003.

 

The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.

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, taken in the Western Australian South Coast Trawl Fishery as defined in the Western Australian Department of Fisheries Exemption Number 2215 relating to the South Coast Trawl Fishery made under the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995,

 

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 continued 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.

 

Geoff Richardson, Assistant Secretary, Marine Biodiversity and Biosecurity Branch (Delegate of the Minister for Sustainability, Environment, Water, Population and Communities)

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The problem this legislation was introduced to address includes the need for sustainable management of native species and their trade to prevent biodiversity loss. The Act was enacted by the Parliament of Australia. This particular legislative instrument amends the list of exempt native specimens under the EPBC Act, aiming to facilitate the export of certain specimens from the Western Australian South Coast Trawl Fishery without requiring export permits, provided certain conditions are met. These amendments are made in line with Australia’s guidelines for ecologically sustainable management of fisheries and involve consultation with relevant authorities and stakeholders, ensuring that the changes are compatible with human rights as no applicable rights or freedoms are engaged.

Scope and Application

The legislative instrument F2013L00807 amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by including certain specimens in the list of exempt native specimens. This pertains specifically to specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the EPBC Act, taken in the Western Australian South Coast Trawl Fishery as defined under the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995. The inclusion of these specimens in the list of exempt native specimens exempts them from the trade control provisions that apply to regulated native specimens, allowing their export without requiring export permits, provided they meet the conditions of lawful taking and coverage under a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The decision to include these specimens was made after consultation with relevant stakeholders, including the Western Australian Department of Fisheries, and with public consultation through the Department of Sustainability, Environment, Water, Population and Communities’ website. The legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is amended to include certain specimens in the list of exempt native specimens (Section 303DC). Specifically, the amendment adds specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Western Australian South Coast Trawl Fishery. This inclusion is subject to two conditions: the specimens must be taken lawfully and must be covered by a declaration of an approved wildlife trade operation under Section 303FN of the EPBC Act relating to the fishery. This amendment allows for the export of these specimens without the need for export permits while the approved wildlife trade operation declaration is in force. The Act imposes several obligations and requirements on the parties involved. Firstly, it requires that any specimens included in the list of exempt native specimens must have been taken lawfully. This means that the harvesting of fish or invertebrates for these specimens must comply with all relevant fisheries management laws and regulations. Secondly, the specimens must be covered by a declaration of an approved wildlife trade operation. This declaration ensures that the trade of these specimens is managed in a manner that is consistent with the objectives of the EPBC Act. Breach of the provisions in the Act can lead to various civil and criminal consequences. Although the specific penalties are not detailed in the explanatory statement, generally under the EPBC Act, breaches can result in significant fines and, in severe cases, imprisonment. For instance, unauthorized trade in native specimens can attract hefty fines and jail terms depending on the severity of the breach. The exact penalties would be determined by the courts based on the specific circumstances of the case. It is also important to note that the amendment process required consultation with relevant stakeholders, including the Western Australian Department of Fisheries, and public consultation was conducted to gather comments on the proposal. This ensures that the amendment process is transparent and considers the views of those directly affected by the regulations. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms, as outlined in the Statement of Compatibility with Human Rights.

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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.