EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of List of Exempt Native Specimens – Queensland East Coast Spanish Mackerel Fishery, March 2023
(Issued by the authority of the Delegate of the Minister for the Environment and Water as specified in the enabling legislation)
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) places certain obligations on the Commonwealth to protect and conserve Australia’s native wildlife by regulating international trade in order to protect targeted species against over exploitation and to protect Australian and international ecosystems.
Section 303DB of the EPBC Act provides for the establishment of a list of exempt native specimens (the list). Specimens included in the list are exempt from the trade control provisions that apply to regulated native specimens.
Purpose and operation
The purpose of this instrument is to delete from the list, specimens that are or are derived from fish or invertebrates taken in the Queensland East Coast Spanish Mackerel Fishery (the fishery), and any associated notations specified in Schedule 1 to the instrument.
The only effect of this instrument is to no longer allow export for specimens that are or are derived from fish or invertebrates taken in the fishery.
Incorporation
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/.
Consultation
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the minister 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 Queensland Department of Agriculture and Fisheries has been consulted and supports amending the list to delete product derived from the fishery.
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 WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Amendment of List of Exempt Native Specimens – Queensland East Coast Spanish Mackerel Fishery, March 2023
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 purpose of this instrument is to delete from the list specimens that are or are derived from fish or invertebrates taken in the Queensland East Coast Spanish Mackerel Fishery (the fishery), and any associated notations, associated restrictions or conditions specified in Schedule 1 to the instrument.
The only effect of this instrument is to no longer allow export for specimens that are or are derived from fish or invertebrates taken in the fishery.
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.
Adam Sincock, Delegate of the Minister for the Environment and Water