Amendment of List of Exempt Native Specimens (12/08/2015)

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2015G01343 In force Gazette

Select Document

Unique Identifying Number:

EPBC303DC/SFS/2015/20

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

Amendment of List of Exempt Native Specimens

I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, pursuant to subsection 303DC(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), hereby amend the list of exempt native specimens established under section 303DB of the EPBC Act by deleting from the list specimens and any associated restrictions or conditions as set out in Schedule 1, and by including in the list specimens and associated restrictions or conditions as set out in Schedule 2.

Dated this 12th day of August 2015

..…….…………………P Murphy………………………

Delegate of the Minister for the Environment

SCHEDULE 1

Under the heading Freshwater and Marine Animals delete from the list the following items and any associated notations:

SCHEDULE 2

Under the heading Freshwater and Marine Animals include in the list the following items and 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 Western Australian Abalone Managed Fishery.	Western Australian Abalone Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included on the list until 30 May 2025.
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 Western Australian Abrolhos Islands and Mid West Trawl Managed Fishery.	Western Australian Abrolhos Islands and Mid West Trawl Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included on the list until 30 May 2025.
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 Western Australian Broome Prawn Managed Fishery.	Western Australian Broome Prawn Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included on the list until 30 May 2025.
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 Western Australian Cocos (Keeling) Islands Marine Aquarium Fishery.	Western Australian Cocos (Keeling) Islands Marine Aquarium Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included on the list until 30 May 2025.
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 Western Australian Exmouth Gulf Prawn Managed Fishery.	Western Australian Exmouth Gulf Prawn Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 May 2025.
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 Western Australian Gascoyne Demersal Scalefish Managed Fishery.	Western Australian Gascoyne Demersal Scalefish Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 May 2025.

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 Western Australian Kimberley Prawn Managed Fishery.	Western Australian Kimberley Prawn Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 May 2025.
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 Western Australian Mackerel Fishery.	Western Australian Mackerel Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 May 2025.
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 Western Australian Nickol Bay Prawn Managed Fishery.	Western Australian Nickol Bay Prawn Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 May 2025.
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 Western Australian Northern Demersal Scalefish Managed Fishery.	Western Australian Northern Demersal Scalefish Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 May 2025.
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 Western Australian Onslow Prawn Managed Fishery.	Western Australian Onslow Prawn Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 May 2025.
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 Western Australian Pearl Oyster Fishery.	Western Australian Pearl Oyster Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 May 2025.
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 Western Australian South Coast Managed Salmon Fishery.	Western Australian South Coast Managed Salmon Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 May 2025.
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 Western Australian South-West Coast Managed Salmon Fishery.	Western Australian South-West Coast Managed Salmon Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 May 2025.
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 Western Australian Shark Bay Crab Interim Managed Fishery.	Western Australian Shark Bay Crab Interim Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 May 2025.
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 Western Australian Shark Bay Prawn Managed Fishery.	Western Australian Shark Bay Prawn Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 May 2025.
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 Western Australian Shark Bay Scallop Managed Fishery.	Western Australian Shark Bay Scallop Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 May 2025.
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 Western Australian Specimen Shell Managed Fishery.	Western Australian Specimen Shell Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 May 2025.
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 Western Australian Trochus Fishery.	Western Australian Trochus Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 May 2025.
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 Western Australian West Coast Deep Sea Crustacean Managed Fishery.	Western Australian West Coast Deep Sea Crustacean Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 May 2025.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to regulate the trade and transport of native specimens. The Act was introduced by the Commonwealth Parliament to address the need for a comprehensive framework to manage and protect Australia's biodiversity and environmental resources. As Delegate of the Minister for the Environment, Paul Murphy has amended the list of exempt native specimens under section 303DC(1) of the EPBC Act, removing certain specimens taken from specified fisheries and adding others, effective from 12 September 2015. The policy objective is to ensure that native specimens taken from regulated fisheries are appropriately managed and do not negatively impact the conservation status of affected species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection and conservation of the environment in Australia, and includes provisions for the regulation of wildlife trade and the management of native species. This legislation applies to a broad range of entities, including individuals, corporations, and government authorities, that engage in activities that may impact the environment or protected species. The Act has a national jurisdictional reach, with provisions that apply across all states and territories of Australia. The Act provides for a variety of exclusions, exemptions, and thresholds, including exemptions for certain activities or species, and thresholds for the significance of impacts on the environment. The Act also extends and restricts application through subordinate instruments, such as regulations and codes of practice. The amendment to the list of exempt native specimens under the EPBC Act, as described in the Gazette, specifically affects certain fisheries in Western Australia by removing and adding exemptions for certain fish and invertebrate specimens taken in these fisheries. This amendment is applicable until specified dates, which vary for each fishery.

Key Provisions

This legislative amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involves changes to the list of exempt native specimens, specifically under the category of freshwater and marine animals. The amendments, detailed in Schedule 1, involve the removal of certain specimens from the list of exempt native specimens, while Schedule 2 adds new specimens to this list with associated conditions and durations until 30 May 2025. Specifically, Schedule 1 removes specimens taken from various managed fisheries in Western Australia, such as the Abalone Managed Fishery and the Abrolhos Islands and Mid West Trawl Managed Fishery, among others, under the condition that these specimens were taken lawfully and were included in the list until specified dates. Conversely, Schedule 2 introduces these same specimens back into the list of exempt native specimens, again under the condition that they were taken lawfully, but extends their inclusion until 30 May 2025. The Act imposes certain obligations on parties dealing with these native specimens, primarily ensuring that any specimens taken from the specified fisheries are done so lawfully and in accordance with the relevant management plans and regulations under the Western Australian Fish Resources Management Act 1994. This includes adhering to the specific conditions outlined for each fishery, such as the lawful taking of specimens and compliance with the specified dates of inclusion in the list of exempt native specimens. Additionally, entities must ensure that any specimens they possess, trade, or transport comply with the requirements set out in the EPBC Act and the relevant state fisheries management regulations. Failure to comply with the provisions of the EPBC Act, including the conditions specified for the exempt native specimens, may result in various legal consequences. While the Act does not explicitly state penalties for breaches in this context, general provisions within the EPBC Act allow for enforcement actions against individuals or entities that contravene the Act. This could include civil penalties for non-compliance, which may involve fines up to the maximum prescribed by law for such offences. Furthermore, more serious breaches that involve intentional or reckless conduct may lead to criminal charges, with penalties that could include substantial fines and, in some cases, imprisonment, depending on the severity and intent behind the breach. It is crucial for parties involved in the trade or management of these native specimens to fully understand and adhere to the requirements of the EPBC Act to avoid these potential legal repercussions.

Area of Law: Environmental Law
Instrument: Gazette Notice
Concepts: Definitions & Interpretation; Regulatory Standards; Reporting & Disclosure Obligations

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

Taxon/Item	Common Name	Notation
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 Western Australian Abalone Managed Fishery as defined in the Abalone Management Plan 1992, in force under the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995.	Western Australian Abalone Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 12 September 2019.
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 Western Australia Abrolhos Islands and Mid West Trawl Managed Fishery, as defined in the Abrolhos Islands and Mid West Trawl Limited Entry Fishing Notice 1993 in force under the Western Australia Fish Resources Management Act 1994.	Western Australian Albrolhos Island and Mid-west Trawl Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 15 March 2018.
Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Broome Prawn Managed Fishery, as defined in the Broome Prawn Managed Fishery Management Plan 1999, in force under the Western Australian Fish Resources Management Act 1994;	Broome Prawn Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 20 August 2015.
Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Cocos (Keeling) Islands Marine Aquarium Fishery.	Cocos (Keeling) Islands Marine Aquarium Fish Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 15 September 2016.
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 Western Australia Exmouth Gulf Prawn Managed Fishery, as defined in the Exmouth Gulf Prawn Management Plan 1989 in force under the Western Australia Fish Resources Management Act 1994.	Western Australia Exmouth Gulf Managed Prawn Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 8 February 2018.
Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Gascoyne Demersal Scalefish Managed Fishery, as defined in the Gascoyne Demersal Scalefish Managed Fishery Management Plan 2010, in force under the Western Australian Fish Resources Management Act 1994.	Gascoyne Demersal Scalefish Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 4 December 2015.
Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Kimberley Prawn Managed Fishery, as defined in the Kimberley Prawn Management Plan 1993, in force under the Western Australian Fish Resources Management Act 1994 .	Kimberley Prawn Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 20 August 2015.
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 Western Australian Mackerel Fishery, as defined in the Mackerel Managed Fishery Management Plan 2011, made under the Western Australian Fish Resources Management Act 1994.	Western Australian Mackerel Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 13 November 2015.
Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Nickol Bay Prawn Managed Fishery, as defined in the management regime in force under the Western Australian Fish Resources Management Act 1994.	Nickol Bay Prawn Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 20 August 2015.
Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Northern Demersal Scalefish Managed Fishery, as defined in the Northern Demersal Scalefish Fishery Management Plan 2000, made under the Western Australian Fish Resources Management Act 1994.	Northern Demersal Scalefish Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included on the list until 18 September 2015.
Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Onslow Prawn Managed Fishery, as defined in the management regime in force under the Western Australian Fish Resources Management Act 1994.	Onslow Prawn Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 20 August 2015.
Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Western Australia Pearl Oyster Fishery.	Western Australia Pearl Oyster Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 13 December 2018.
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 Western Australian South Coast Salmon Managed Fishery, as defined in the Western Australian South Coast Salmon Fishery Management Plan 1982, made under the Western Australian Fish Resources Management Act 1994.	Western Australian South Coast Managed Salmon Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 13 November 2015.
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 Western Australian South West Coast Salmon Managed Fishery, as defined in the Western Australian and South West Coast Salmon Fishery Management Plan 1982, made under the Western Australian Fish Resources Management Act 1994.	Western Australian South-West Coast Managed Salmon Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 13 November 2015.
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 Western Australia Shark Bay Crab Interim Managed Fishery, as defined in the Shark Bay Crab Fishery (Interim) Management Plan 2005, made under the Western Australian Fisheries Resources Management Act 1994 and Fish Resources Management Regulation 1995.	Western Australia Shark Bay Crab Interim Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 30 September 2016.
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 Western Australian Shark Bay Prawn Managed Fishery, as defined in the Shark Bay Prawn Management Plan 1993 in force under the Western Australian Fisheries Resources Management Act 1994.	Western Australian Shark Bay Prawn Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 31 January 2018.
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 Western Australian Shark Bay Scallop Managed Fishery, as defined in the Shark Bay Scallop Management Plan 1994 in force under the Western Australian Fisheries Resources Management Act 1994.	Western Australian Shark Bay Scallop Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 31 January 2018.
Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Western Australian Specimen Shell Managed Fishery, as defined in the Western Australian Specimen Shell Management Plan 1995, made under the Western Australian Fish Resources Management Act 1994.	Western Australian Specimen Shell Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 20 November 2015.
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 Western Australia Trochus Fishery	Western Australia Trochus Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 17 August 2017.
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 Western Australian West Coast Deep Sea Crustacean Managed Fishery, as defined in the West Coast Deep Sea Crustacean Management Plan 2012 in force under the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995.	Western Australian West Coast Deep Sea Crustacean Managed Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 3 May 2018.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions