Amendment of the List of Exempt Native Specimens (SA Fisheries)

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

Legislation au C2015G01993 In force Gazette

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EPBC303DC/SFS/2015/45

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 27th 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 South Australian (SA) Abalone Fishery, as defined in the management regime in force under the SA Fisheries Management (Abalone Fisheries) Regulations 2006 and the SA Fisheries Management Act 2007	South Australian Abalone Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 24 August 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 South Australian Blue Crab Fishery as defined in the Fisheries Management (Blue Crab Fishery) Regulations 2013 and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2006 in force under the Fisheries Management Act 2007 (South Australia),	South Australian Blue 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 4 December 2015.
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	South Australian Giant 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 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 EPBC Act, taken in the Spencer Gulf Prawn Fishery, the Gulf St Vincent Prawn Fishery and the West Coast Prawn Fishery, as defined in the Fisheries Management (Prawn Fisheries) Regulations 2006 and the Fisheries Management (General) Regulations 2007, in force under the Fisheries Management Act 2007 (South Australia)	South Australian Prawn Trawl Fisheries	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 8 April 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 South Australian Rock Lobster Fishery, as defined in the South Australian Fisheries Management Act 2007, Fisheries Management (Rock Lobster Fisheries) Regulations 2006 and the Fisheries Management (General) Regulations 2007	South Australian Rock Lobster Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 26 October 2018.

SCHEDULE 2

Under the heading Freshwater and Marine Animals include in the list the following items and 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 South Australian Abalone Fishery.	South Australian Abalone Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included on the list until 25 July 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 South Australian Blue Crab Fishery.	South Australian Blue Crab Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included on the list until 25 July 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 South Australian Giant Crab Fishery.	South Australian Giant Crab Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included on the list until 25 July 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 South Australian Prawn Trawl Fisheries.	South Australian Prawn Trawl Fisheries	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included on the list until 25 July 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 South Australian Rock Lobster Fishery.	South Australian Rock Lobster Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; The specimens are included in the list until 25 July 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 environmental impacts associated with Commonwealth activities, including the protection of biodiversity and ecosystems. The EPBC Act is administered by the Commonwealth Government, and its policy objective is to ensure that the environment is protected and biodiversity is conserved. In 2015, the Act was amended through the Gazette to modify the list of exempt native specimens, as specified in Schedules 1 and 2. The Delegate of the Minister for the Environment, Paul Murphy, made these amendments pursuant to subsection 303DC(1) of the EPBC Act, adjusting the duration and conditions for the exemption of certain fish and invertebrate specimens taken from specific fisheries in South Australia.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of the environment, including the conservation of biodiversity, and the regulation of activities that may have a significant impact on the environment, particularly in relation to native flora and fauna. This Act is of Commonwealth scope, which means it applies across the entire country and extends to matters concerning the environment that fall within the jurisdiction of the Commonwealth. The legislation targets entities and individuals involved in activities that may affect native species or their habitats, particularly in the context of fisheries and wildlife trade. In this instance, the Act amends the list of exempt native specimens, specifically concerning marine and freshwater animals taken from various fisheries in South Australia. This amendment extends the period of exemption for certain specimens until specified dates, ensuring that activities within these fisheries continue to be exempt from certain regulatory burdens under the EPBC Act. The changes are detailed in Schedules 1 and 2, which list the specific specimens affected and the new timeframes for their exemption.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended to update the list of exempt native specimens, specifically concerning fish and invertebrate specimens taken from various South Australian fisheries. The key amendments are detailed in Schedules 1 and 2 of the amendment, as per section 303DC(1) of the EPBC Act. In Schedule 1, certain specimens from the South Australian Abalone Fishery, South Australian Blue Crab Fishery, South Australian Giant Crab Fishery, South Australian Prawn Trawl Fisheries, and South Australian Rock Lobster Fishery are removed from the list of exempt specimens. These specimens are excluded until specific dates mentioned in the amendment. Schedule 2, on the other hand, adds these specimens back into the list with new inclusion dates extending until 25 July 2025. The amendments require that the specimens or the fish or invertebrates from which they are derived were taken lawfully. The obligations imposed by these amendments are primarily administrative and procedural. Parties involved in the trade of these specimens must ensure that any transactions comply with the updated inclusion dates and conditions. This includes maintaining records to demonstrate compliance with the legal requirements for the specimens' lawful taking. For example, if a person is involved in the trade of South Australian Abalone Fishery specimens, they must verify that these specimens were taken in accordance with the relevant regulations and within the specified dates. Failure to comply with these requirements could lead to legal repercussions. Breaches of the EPBC Act may result in civil or criminal penalties. While the specific penalties are not detailed in the amendment, under the general provisions of the EPBC Act, individuals or entities found in violation of the Act could face fines and imprisonment. The maximum penalties for offences under the EPBC Act can be substantial, with fines reaching up to $1.1 million for individuals and $5.5 million for corporations, along with potential imprisonment terms for serious offences. Therefore, adherence to the updated list of exempt specimens is crucial to avoid these severe consequences.

Area of Law: Environmental Law
Instrument: Gazette Notice
Concepts: Repeal & Amendment; Licensing & Registration; Enforcement Powers; Regulatory Standards

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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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