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

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

I, Paul Murphy, delegate of the Minister for the Environment, make the following instrument.

Dated   29^th of March               2016

Paul Murphy

Assistant Secretary
Wildlife Trade and Biosecurity Branch
Department of the Environment

Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments  2

List of Exempt Native Specimens made on 29 November 2001 under subsection 303DB(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Federal Register of Legislative Instruments No. F2005B02138)            2

Schedule 2—Repeals of spent items  6

List of Exempt Native Specimens made on 29 November 2001 under subsection 303DB(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Federal Register of Legislative Instruments No. F2005B02138)            6

1  Name

This is the List of Exempt Native Specimens Amendment (Technical Measures) Instrument 2016.

2  Commencement

(1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  Sections 1 to 4 and anything in this instrument not elsewhere covered by this table	The day after this instrument is registered.
2.  Schedule 1, items 1 to 4	The day after this instrument is registered.
3.  Schedule 1, item 5	28 March 2003.	28 March 2003
4.  Schedule 2	The day after this instrument is registered.

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

This instrument is made under subsection 303DC(1) of the Environment Protection and Biodiversity Conservation Act 1999.

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

List of Exempt Native Specimens made on 29 November 2001 under subsection 303DB(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Federal Register of Legislative Instruments No. F2005B02138)

1  Before the Schedule

Insert:

1  Name

This is the List of Exempt Native Specimens Instrument 2001.

2  Authority

This instrument is made under subsection 303DB(1) of the Environment Protection and Biodiversity Conservation Act 1999.

3  Definitions

In this instrument:

EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999.

list means the list established by section 4.

personal baggage means personal baggage (including personal effects) of a person departing from Australia that is not intended to be used for any commercial purpose, including sale, lease, hire or exchange.

4  Establishment of the list

(1)  The list in Schedule 1 is established for the purposes of subsection 303DB(1) of the EPBC Act.

(2)  This is a list of native specimens that are exempt from export control under the EPBC Act (see Part 13A of that Act).

(3)  The list includes only specimens that are, or are derived from, Australian native animals and plants.

(4)  The list does not include live mammals, birds, reptiles or amphibians.

5  How the list works

Taxon/Item column

(1)  Items in the column of the list headed “Taxon / Item” may:

(a)  include the scientific names of taxa related to the items; or

(b)  include descriptions that uniquely identify fisheries the specimens from which are included on the list.

Common name and Taxon/Item columns

(2)  The column of the list headed “Common Name” is included for information only, and in particular:

(a)  if a common name specified for an item in the column of the list headed “Common name” is that of an animal or a plant—the scientific name in the column of the list headed “Taxon / Item” for that item determines if specimens of the species so named are included on the list; and

(b)  if a common name specified for an item in the column of the list headed “Common name” is that of a fishery—the description of the fishery in the column of the list headed “Taxon / Item” for that item determines if specimens from the fishery described are included on the list.

Notation column

(3)  Inclusion of a specimen in the list is subject to any conditions or restrictions included for the specimen in the column of the list headed “Notation”.

Note:          A specimen must satisfy any such conditions or restrictions in order to be exempt from export control under the EPBC Act (see Part 13A of that Act).

6  Structure of the list

The structure of the list is set out in the following table:

Structure of the list
Item	Major group	Subgroup or other	Species or other
1	Animals (Animalia)	Miscellaneous (not species specific) in alphabetical sequence
2	Mammals (Mammalia)	Species in alphabetical sequence
3	Birds (Aves)	Species in alphabetical sequence
4	Reptiles (Reptilia)	Species in alphabetical sequence
5	Terrestrial invertebrates	Miscellaneous (not species specific) in alphabetical sequence Species in alphabetical sequence
6	Freshwater and marine animals	General	Miscellaneous (not species specific) in alphabetical sequence
7	Aquaculture	Miscellaneous (not species specific) in alphabetical sequence
8	Fisheries	Fisheries in alphabetical sequence by common name
9	Cartilaginous fishes (Chondrichthyes)	Species in alphabetical sequence
10	Bony fishes (Osteichthyes)	Miscellaneous (not species specific) in alphabetical sequence Species in alphabetical sequence
11	Freshwater and Marine Invertebrates	Species in alphabetical sequence within Phylum, as follows: (a) Annelida; (b) Arthropoda, as follows: (i) Echinodermata; (ii) Mollusca
12	Plants	Miscellaneous (not species specific) in alphabetical sequence Species in alphabetical sequence
13	Prokaryotes (Monera)	Miscellaneous (not species specific) in alphabetical sequence
14	Virus	Miscellaneous (not species specific) in alphabetical sequence

7  Automatic repeal of spent items

  This section repeals an item in the list, with effect from the start of a particular day (the repeal day), if the item provides in the column of the list headed “Notation” that:

(a)  the item, or the specimen (or specimens) covered by the item, is included in (or on) the list until the day before the repeal day; or

(b)  the inclusion of the item, or the specimen (or specimens) covered by the item, in (or on) the list is to expire after a specified period that ends on the day before the repeal day.

8  Transitional—fishery items inserted by reference to common name of fishery

(1)  This section applies to an item in the list (the list item) in relation to a fishery, as inserted by an amendment of this instrument that commenced before the commencement of this section.

(2)  The list item is taken to have been inserted in the list, at the time the amendment commenced, in alphabetical sequence by reference to the common name of the fishery as stated in the list item.

(3)  This section is repealed on the day after it commences.

2  Schedule (heading)

Repeal the heading, substitute:

Schedule 1—List of exempt native specimens

Note:       See section 4.

3  Schedule

Omit all the words before the heading “Animals (Animalia)”.

4  Schedule (after table item dealing with marine or freshwater fish or invertebrates in the section headed “General” relating to Freshwater and Marine Animals)

Insert:

Aquaculture
Taxon / Item	Common Name	Notation

5  Schedule (after table items headed “General” relating to Freshwater and Marine Animals)

Insert:

Fisheries
Taxon / Item	Common Name	Notation

Schedule 2—Repeals of spent items

List of Exempt Native Specimens made on 29 November 2001 under subsection 303DB(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Federal Register of Legislative Instruments No. F2005B02138)

1  Schedule

Repeal each item in the list (the list item), with effect from the day (the commencement day) on which this item commences, that provides, in the column headed “Notation”, that:

(a)  the list item, or the specimen (or specimens) covered by the list item, is included in (or on) the list until a day that is earlier than the commencement day; or

(b)  the inclusion of the list item, or the specimen (or specimens) covered by the list item, in (or on) the list is to expire after a specified period that ends on a day before the commencement day.