Federal Register of Legislation - Australian Government

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EPBC303DC/SFS/2012/64 Lists as made
This instrument amends the List of Exempt Native Specimens (29/11/2001) by deleting from the list product sourced from the Northern Territory Aquarium Fishery.
Administered by: Sustainability, Environment, Water, Population and Communities
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 15
Registered 12 Dec 2012
Tabling HistoryDate
Tabled HR05-Feb-2013
Tabled Senate05-Feb-2013
Date of repeal 14 Dec 2012
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

 

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 delete from the list of exempt native specimens the following specimens and any associated notations:

 

·         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 Northern Territory Aquarium Fishery, as defined in the management regime in force under the Northern Territory Fisheries Act 1988 and the Northern Territory Fisheries Regulations 1993.

 

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 Northern Territory Department of Industry and Fisheries as the Department of Industry and Fisheries has management responsibility 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.

 

This legislative instrument does not engage any of the applicable rights or freedoms. 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.

 

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