EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

List of Exempt Native Specimens Amendment (Technical Measures) Instrument 2016

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 List of Exempt Native Specimens Amendment (Technical Measures) Instrument 2016 is made under paragraph 303DC(1)(a) of the EPBC Act.

This instrument makes a number of technical changes to the list of exempt native specimens. This includes formalising definitions and preliminary text, clarifying the structure of the list of exempt native specimens and establishing an alphabetical sequencing of items on the list of exempt native specimens (see Schedule 1, item 1 (new sections 1-6) and items 3 and 4). This instrument also removes a number of spent (date or time limited) items from the list of exempt native specimens, and provides for future automatic repeal of similar spent items (see Schedule 1, item 1 (new section 7) and Schedule 2). The instrument also provides a minor clarification to the definition of personal baggage (see Schedule 1, item 1 (new section 3)).

A provision of the instrument introducing a structural change to insert a heading “Fisheries” (Schedule 1, item 5) is retrospective in operation, commencing from 28 March 2003. This will facilitate the preparation of a revised historical series of compilations of the list of exempt native specimens (together with a transitional provision relating to fisheries entries, at Schedule 1, item 1, new section 8). The remainder of the provisions of the instrument commenced on the day after it was registered on the Federal Register of Legislation.

This instrument has no effect on the operation of the list of exempt native specimens, or on the items in the list, other than the removal of spent items which no longer have any effect.

Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment 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, as the changes are technical in nature and do not affect the operation of the list of exempt native specimens or the operative items on the list, the Delegate of the Minister for the Environment considered that consultation was not necessary.

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES