Amendment of List of Exempt Native Specimens (11/01/2017) [F2017L00045]-Concluded matters [2017] AUSStaCSDLM 98 (22 March 2017)

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Instrument	Amendment of List of Exempt Native Specimens (11/01/2017) [F2017L00045]
Purpose	Amends the List of Exempt Native Specimens to exclude Nautilidae from the mollusc exemption
Last day to disallow	9 May 2017
Authorising legislation	Environment Protection and Biodiversity Conservation Act 1999
Department	Environment and Energy
Scrutiny principle	Standing Order 23(3)(a)
Previously reported in	Delegated legislation monitor 2 of 2017

No description of consultation

The committee commented as follows:

Section 17 of the Legislation Act 2003 directs a rule-maker to be satisfied that appropriate consultation, as is reasonably practicable, has been undertaken in relation to a proposed instrument. The explanatory statement (ES) which must accompany an instrument is required to describe the nature of any consultation that has been carried out or, if there has been no consultation, to explain why none was undertaken (paragraphs 15J(2)(d) and (e)).

With reference to these requirements, the committee notes that the ES for Amendment of List of Exempt Native Specimens (11/01/2017) [F2017L00045] (the instrument) provides no information regarding consultation.

The committee's expectations in this regard are set out in the guideline on consultation contained in Appendix 1.

The committee requests the advice of the minister in relation to the above; and requests that the ES be updated in accordance with the requirements of the Legislation Act 2003.

Minister's response

The Minister for the Environment and Energy advised:

Nautilidae was listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) following the Conference of the Parties to the Convention, at its 17th meeting, held in Johannesburg, South Africa (24 September to 4 October 2016).
Prior to the Conference of the Parties, the Delegate of the then Minister for the Environment consulted the relevant Commonwealth, State and Territory fisheries agencies and commercial fishing industries and associations, commercial shell traders, and homewares and retail industry on the proposed listing of Nautilidae under CITES.
Specimens listed under CITES are not generally included in the List of Exempt Native Specimens (LENS), therefore the amendment of the entry to remove Nautilidae from the LENS is required as a consequence of its listing under CITES.
As the amendment to the LENS is administrative in nature and the relevant stakeholders had already been consulted about the proposed listing of Nautilidae under CITES, no additional consultation was conducted for this amendment to the LENS.
A corrected explanatory statement has now been prepared (a copy is at Attachment A) that accurately reflects the consultation that occurred, and will be lodged on the Federal Register of Legislation.

Committee's response

The committee thanks the minister for his response and has concluded its examination of the instrument.

The committee notes the minister's undertaking to register the updated ES, which describes the nature of consultation that was undertaken, on the Federal Register of Legislation.