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Amendment of List of Exempt Native Specimens - Queensland Fisheries (5) (13/11/2015)

Amendment of List of Exempt Native Specimens - Queensland Fisheries (5) (13/11/2015)

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

Legislation au C2015G01902 In force Gazette

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EPBC303DC/SFS/2015/25

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 13th day of November 2015

..…….……………Paul 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:

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 Queensland Commercial Crayfish and Rocklobster Fishery as defined in the management regime in force under the Queensland Fisheries Act 1994 and Fisheries Regulation 2008,	Queensland Commercial Crayfish and Rocklobster 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 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 EPBC Act, taken in the Queensland East Coast Pearl Fishery, as defined in the management regime in force under the Queensland Fisheries Act 2004 and Fisheries Regulation 2008	Queensland East Coast Pearl 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 January 2016.
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 Queensland East Coast Trochus Fishery	Queensland East Coast 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 3 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 EPBC Act, taken in the Queensland Eel Fishery, as defined in the regime, made under the Queensland Fisheries Regulations 2008, in force under the Fisheries Act 1994	Queensland Eel 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 April 2019.
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 Queensland Spanner Crab Fishery, which comprises the ‘C2’ and ‘C3’ areas of the ‘commercial spanner crab fishery’ as defined in the Queensland Fisheries Regulation 2008 in force under the Queensland Fisheries Act 1994,	Queensland Spanner Crab 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 February 2017.

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 Queensland Commercial Crayfish and Rocklobster Fishery.	Queensland Commercial Crayfish and Rocklobster Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included on the list until 28 August 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 Queensland East Coast Pearl Fishery.	Queensland East Coast Pearl Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included on the list until 28 August 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 Queensland East Coast Trochus Fishery.	Queensland East Coast Trochus Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included on the list until 28 August 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 Queensland Eel Fishery.	Queensland Eel Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included on the list until 28 August 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 Queensland Spanner Crab Fishery, which comprises the ‘C2’ and ‘C3’ areas of the ‘commercial spanner crab fishery’.	Queensland Spanner Crab Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 28 August 2025.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and natural heritage. The EPBC Act is administered by the Australian Government, and its policy objective is to ensure that the environment is protected from significant impacts of proposed actions through a rigorous assessment process. This legislative instrument amends the list of exempt native specimens under the EPBC Act by removing certain items and adding others, reflecting changes in the management regimes and conservation status of various species within specific fisheries. These amendments are made to align the list with updated regulatory frameworks and conservation priorities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth legislation that applies to the conservation and protection of biodiversity, including native flora and fauna, and their habitats. This Act regulates activities that may impact the environment, including the trade of native specimens. The amendment under the EPBC Act involves changes to the list of exempt native specimens, specifically targeting specimens of fish and invertebrates taken in certain Queensland fisheries. These exemptions apply to specimens taken lawfully within the specified fisheries and are effective until certain dates, as outlined in the schedules. The amendment is applicable to entities and persons involved in the trade of these specimens, ensuring compliance with the EPBC Act and any relevant state legislation. The amendment extends the duration of exemptions for certain fisheries, thereby providing continuity in the management and trade of these native specimens.

Key Provisions

This amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involves the adjustment of the List of Exempt Native Specimens, specifically under the heading of Freshwater and Marine Animals. The key sections of this amendment include the deletion of certain specimens and their associated notations from the list (section 303DB(1)) and the addition of new specimens and their notations to the list (section 303DC(1)). The amendments focus on the specimens taken from various fisheries in Queensland, such as the Commercial Crayfish and Rocklobster Fishery, the East Coast Pearl Fishery, the East Coast Trochus Fishery, the Eel Fishery, and the Spanner Crab Fishery. The specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, are affected by these changes. The obligations imposed by this amendment require parties or entities involved in the specified fisheries to ensure that any specimens taken are lawful and comply with the new dates for inclusion on the list. This means that for the specified fisheries, the specimens and their derivations will be exempt from certain EPBC Act provisions until the new dates provided. The amendment also requires that all documentation and record-keeping must reflect these changes to ensure compliance. The parties must also ensure that any specimens taken before the amendment are properly identified and managed according to the new listing dates. The amendment does not explicitly state any offences or penalties for breaches of the new provisions. However, under the EPBC Act, any failure to comply with the regulations concerning native specimens can result in civil or criminal penalties. For example, unauthorised dealings with native specimens can result in fines of up to $420,000 for a corporation and $84,000 for an individual, or imprisonment for up to five years, or both. Additionally, the Minister for the Environment may take enforcement actions or seek court orders to rectify non-compliance. The precise penalties and consequences would depend on the specific nature and extent of the breach.

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

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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.

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