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Amendment of List of Exempt Native Specimens - 12 Fisheries (Wildlife Trade Operations), All Jurisdictions (12/10/2004)

Amendment of List of Exempt Native Specimens - 12 Fisheries (Wildlife Trade Operations), All Jurisdictions (12/10/2004)

Administered by Department of the Environment and Energy

Legislation au F2005B02196 Not in force Legislative Instrument

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COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

Amendment of List of Exempt Native Specimens

I, GERARD EARLY, Delegate of the Minister for the Environment and Heritage, pursuant to subsection 303DC(1) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), hereby amend the list of exempt native specimens established under section 303DB of the Act by including in the list the specimens and associated notations in the Schedule.

Dated this 12th day of October 2004

………………Gerard Early…………………………

Delegate of the Minister for the Environment and Heritage

SCHEDULE

Amendment to the List of Exempt Native Specimens

Specimens to which the amendment applies	Conditions
Pecten fumatus (Commercial Scallop) and Mimachlamys asperrima (Doughboy Scallop) taken in the Bass Strait Central Zone Scallop Fishery;	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 Act in relation to the fishery.
Specimens that are, or are derived from, fish or invertebrates, other than specimens listed under Part 13 of the Act, taken in the New South Wales Estuary Prawn Trawl Fishery;	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 Act in relation to the fishery.
Specimens that are, or are derived from, fish or invertebrates, other than specimens listed under Part 13 of the Act, taken in the Southern and Eastern Scalefish and Shark Fishery;	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 Act in relation to the fishery.
Specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Act, taken in the Queensland Mud Crab Fishery;	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and The specimens are covered bythe declaration of an approved Wildlife Trade Operation under section 303FN of the Act in relation to the fishery .
Specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Act, taken in the South Australian Giant Crab Fishery;	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 Act in relation to the fishery.
Specimens that are, or are derived from, fish or invertebrates, other than specimens listed under Part 13 of the Act, taken in the Tasmanian Giant Crab Fishery;	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 Act in relation to the fishery.

Native ‘flat’ oyster (Ostrea angasi) taken in the Tasmanian Native Oyster Fishery;

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 Act in relation to the fishery.

Scalaris abalone (Haliotis scalaris) taken in Tasmanian waters by Ocean Resources Pty Ltd under the Tasmanian Living Marine Resources Management Act 1995;

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and

The specimens are taken while the declaration of an approved Wildlife Trade Operation under section 303FN of the Act in relation to the fisheryis in force.

Catostylus mosaicus taken in Victorian waters by licensed operators under the Victorian Fisheries Act 1995;

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and

The specimens are taken while the declaration of an approved Wildlife Trade Operation under section 303FN of the Act in relation to the fisheryis in force.

Specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Act, taken in the Victorian Giant Crab Fishery;

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 Act in relation to the fishery.

Specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Act, taken in the West Coast Deep Sea Crab Interim Managed Fishery;

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 Act in relation to the fishery.

Marine specimen shells taken in Western Australian waters by licenced operators under the Fish Resources Management Act 1994;

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and

The specimens are taken while the declaration of an approved Wildlife Trade Operation under section 303FN of the Act in relation to the fishery is in force.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework for the protection of the environment and biodiversity in Australia. It was introduced by the Parliament of Australia with the policy objective of ensuring that the federal government has the necessary tools to manage activities that may have significant impacts on matters of national environmental significance. The 2004 amendment to the Act, specifically the amendment of the List of Exempt Native Specimens, was designed to streamline and regulate the trade of certain marine specimens taken from various fisheries, ensuring that such activities are conducted in a lawful and sustainable manner. This amendment was enacted by Gerard Early, the Delegate of the Minister for the Environment and Heritage, under the authority granted by the EPBC Act, with the aim of maintaining the ecological balance while allowing for the regulated commercial use of native specimens.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by this legislative instrument, applies to specific native specimens taken from designated fisheries within Australian waters, specifically those covered by approved Wildlife Trade Operations under section 303FN of the Act. The Act, which is of Commonwealth jurisdiction, regulates the taking of specimens of certain species of fish and invertebrates that are not listed under Part 13 of the Act, provided these specimens are taken lawfully and fall under the purview of a declared Wildlife Trade Operation. This includes a range of fisheries, from the Bass Strait Central Zone Scallop Fishery to the West Coast Deep Sea Crab Interim Managed Fishery, as well as specific operations such as the Tasmanian Native Oyster Fishery and the Victorian Giant Crab Fishery. The legislative instrument specifies that for each fishery, the specimens must be taken lawfully and be covered by an approved declaration, thereby exempting them from certain regulatory requirements under the Act. This amendment to the list of exempt native specimens aims to streamline the regulatory process for these fisheries while ensuring compliance with broader environmental protection objectives.

Key Provisions

The key operative sections of this legislative instrument include section 303DC(1), which grants the Delegate of the Minister for the Environment and Heritage the authority to amend the list of exempt native specimens under section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). The amendment, dated 12th October 2004, is signed by Gerard Early, Delegate of the Minister for the Environment and Heritage, and pertains specifically to the addition of certain specimens and associated notations to the list of exempt native specimens as detailed in the Schedule. This amendment affects native specimens taken from various fisheries, including the Bass Strait Central Zone Scallop Fishery, the New South Wales Estuary Prawn Trawl Fishery, the Southern and Eastern Scalefish and Shark Fishery, and others, by specifying that these specimens are exempt under certain conditions (section 303DB, Schedule). The obligations imposed by this Act on the parties or entities it governs are stringent. Firstly, the specimens must be taken lawfully, ensuring compliance with all applicable laws and regulations. Secondly, the specimens must be covered by a declaration of an approved Wildlife Trade Operation under section 303FN of the Act in relation to the specific fishery from which they are derived. This requirement ensures that the trade and handling of these specimens adhere to the standards set forth by the Act, thereby promoting sustainable practices and biodiversity conservation. Compliance with these conditions is crucial for the exemption to apply. In terms of penalties and consequences for non-compliance, the Act does not specify any particular offences, penalties, or civil or criminal consequences within the text of this legislative instrument. However, it is important to note that breaches of the Environment Protection and Biodiversity Conservation Act 1999 may result in penalties under other sections of the Act, which can include fines and imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as any relevant provisions within the broader framework of the Act. Therefore, entities involved in the trade of these specimens must ensure strict adherence to the conditions outlined to avoid potential legal repercussions.

Area of Law: Environmental Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Regulatory Standards; Licensing & Registration

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.