Federal Register of Legislation - Australian Government

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EPBC303DC/SFS/2017/01 Lists as made
This instrument amends the List of Exempt Native Specimens Instrument 2001 to include product from the South Australian Lakes and Coorong Fishery until 1 March 2019 while a declaration of an approved wildlife trade operation is in place.
Administered by: Agriculture, Water and the Environment
Registered 22 Feb 2018
Tabling HistoryDate
Tabled HR26-Feb-2018
Tabled Senate19-Mar-2018

EXPLANATORY STATEMENT

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment of List of Exempt Native Specimens – South Australian Lakes and Coorong Fishery, February 2018

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, taken in the South Australian Lakes and Coorong Fishery as defined in the management regime in force under the Fisheries Management Act 2007 (SA), the Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 (SA) and the Fisheries Management (General) Regulations 2017 (SA), but not including,

§  specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or

§  specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list).>,

 

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.

 

All state legislation referred to in the instrument is incorporated as in force at the time this instrument commences. All South Australian legislation incorporated by reference in this instrument can be freely accessed on the state legislation website at www.legislation.sa.gov.au (as of May 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/.

 

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.

 

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 Department of Primary Industries and Regions South Australia has been consulted and supports amending the list of exempt native specimens to include product derived from the South Australian Lakes and Coorong 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 25 business days. No comments were received.

 

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 – South Australian Lakes and Coorong Fishery, February 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 include the following specimens in the list of exempt native specimens:

 

·         specimens that are or are derived from fish or invertebrates, taken in the South Australian Lakes and Coorong Fishery as defined in the management regime in force under the Fisheries Management Act 2007 (SA), the Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 (SA) and the Fisheries Management (General) Regulations 2017 (SA), but not including,

§  specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or

§  specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list).>,

 

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.

 

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.

 

Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch (Delegate of the Minister for the Environment and Energy)