Amendment of List of Exempt Native Specimens - Western Australian West Coast Deep Sea Crustacean Managed Fishery (29/04/2013)

Administered by Department of the Environment and Energy

Legislation au F2013L00745 Not in force Legislative Instrument

Legislation content

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 revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 20 March 2013 is subject:

 

  • 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 West Coast Deep Sea Crustacean Managed Fishery, as defined in the West Coast Deep Sea Crustacean Management Plan 2012 in force under the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995

 

and impose the following conditions to which the inclusion of the specimens in the list is subject:

 

  • the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
  • the specimens are included in the list until 3 May 2018.

 

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 until 3 May 2018. The only effect of this amendment is to extend this date.

 

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 21 business days. No comments were received.

 

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 revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 20 March 2013is subject:

 

  • 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 West Coast Deep Sea Crustacean Managed Fishery, as defined in the West Coast Deep Sea Crustacean Management Plan 2012 in force under the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995

and impose the following conditions to which the inclusion of the specimens in the list is subject:

  • the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
  • the specimens are included in the list until 3 May 2018.

 

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 until 3 May 2018. The only effect of this amendment is to extend this date.

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 address the need for a comprehensive framework to protect and manage Australia's environment and biodiversity, particularly in relation to activities that may have a significant impact on the environment. This Act was introduced by the Australian Parliament and aims to provide for the protection of the environment, particularly matters of national environmental significance, through the establishment of a list of exempt native specimens to regulate the trade of native species. The 2013 legislative instrument amends the list of exempt native specimens to facilitate the continued export of certain specimens taken from the Western Australian West Coast Deep Sea Crustacean Managed Fishery until 3 May 2018, while ensuring compliance with legal and sustainable fishing practices. The amendment was made in consultation with relevant authorities and with public consultation, ensuring alignment with the Australian Government's guidelines for ecologically sustainable management of fisheries.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as per F2013L00745, pertains to the management of trade in native specimens by modifying the list of those exempt from the trade control provisions that apply to regulated native specimens. Specifically, the amendment addresses specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken within the Western Australian West Coast Deep Sea Crustacean Managed Fishery, as defined in the West Coast Deep Sea Crustacean Management Plan 2012 under the Western Australian Fish Resources Management Act 1994 and its regulations. The Act revokes previous conditions and imposes new ones, ensuring that the specimens are taken lawfully and remain exempt until 3 May 2018. This legislative instrument applies nationally, aligning with the overarching objectives of the EPBC Act, and involves consultation with relevant authorities and stakeholders, as mandated by the Act. The amendment ensures continued lawful export of these specimens until the specified date.

Key Provisions

The key operative sections of this legislation (Section 303DC) involve the amendment of the List of Exempt Native Specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, it revokes the conditions for the inclusion of certain specimens derived from fish or invertebrates taken in the Western Australian West Coast Deep Sea Crustacean Managed Fishery, and imposes new conditions. These specimens are now exempt from trade control provisions as regulated native specimens, provided they were taken lawfully and are included in the list until 3 May 2018. This amendment solely extends the date for the exemption, allowing continued export until that specified date. The obligations and requirements imposed by this legislation on the parties involved are primarily centred around ensuring that any specimens exported are taken lawfully. This includes compliance with the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995. Additionally, the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities is required to consult with relevant stakeholders, such as the Western Australian Department of Fisheries, before making amendments to the list. Public consultation is also mandated, with the proposal advertised on the Department's website for a period of 21 business days to invite comments from interested parties. In terms of consequences for breach, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences. However, any failure to comply with the lawful taking requirement or other provisions of the EPBC Act and related regulations could potentially lead to legal action under the broader framework of the Act, which includes provisions for enforcement and penalties. The specific penalties for breaches would be determined based on the relevant sections of the EPBC Act and other applicable laws.

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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.