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Amendment to the List of Exempt Native Specimens - Aquaculture Facilities, Commonwealth (30/11/2004)

Amendment to the List of Exempt Native Specimens - Aquaculture Facilities, Commonwealth (30/11/2004)

Administered by Department of the Environment and Energy

Legislation au F2006B00287 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, IAN CRESSWELL, Assistant Secretary, Wildlife Trade and Sustainable Fisheries Branch, as Delegate of the Minister for the Environment and Heritage, pursuant to subsection 303DC(l) 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 30th day of November 2004'

SCHEDULE

Amendment to the List of Exempt Native Specimens

Freshwater and Marine Animals

Bony Fishes (Osteichthyes)

Taxon/ltem Common Name Notation

Lates catcarifer Ambassis agrammus	Barramundi sailfin glassfish	The specimen, or the fish or invertebrate from which it is derived, was produced lawfully in an aquaculture facility operating
Ambassis mteruptus	long spined glassfish	in accordance with the Northern Territory
Ambassis mac/eayi	Macleay's glassfish	Fisheries Act 1988 and subordinate legislation.
Ambassis mullen	western glassfish	Included on the list until 1 December 2009.
Amph1prion clarkii	Clarks anemonefish
Amphiprion ocel/aris	ocellated anemonefish
Amphiprion rubrocinctus	tomato anemonefish
Anodontig/an,s dahli	toothless catfish
Arius bemeyi	Berney's catfish
Arius graffe1	lesser salmon catfish
Arius leptaspis	salmon catfish
Arius midg/eyi	shovel-nosed catfish
Aseraggodes klunzingeri	tailed sole
Bostrichthys zonatus	sunset gudgeon
Brachirus se/heimi	freshwater sole
Butis butis	crimson-tipped gudgeon
Chlamydogobius1apa/pa	Finke goby
Chlamydogobius ranunculus	tadpole goby
Craterocephalus centralis	Finke hardyhead
Craterocephalus marianae	Marianas hardyhead
Craterocepha/us stramineus	blackmast, strawman
Denariusa bandata	penny fish
Glossogobius aureus	golden goby
G/ossogobius giurus	flathead goby
Hypse/eotris compressa	carp gudgeon
Lates calcarifer	barramundi

Lut;anus argent,macu/atus	mangrove jack
Mega/ops cyprinoides	ox-eye herring
Mogurnda larapmtae	desert purple spotted gudgeon
Mogurnda mogurnda	purple spotted gudgeon
Monodactylus argenteus	silver batfish
Mugilogobius littora/is	seep goby
Mugi/ogobius rivulus	drain goby
Mugilogobius wilsoni	Wilson' goby
Neos1/urus ater	black catfish
Neos1turus hyrtlii	Hyrtl's catfish
Odonteleotris macrodon	sinuous sudgeon
Ophiocara porocepha!a	spangled gudgeon
Oxe!eotris aruensis	Aru gudgeon
Oxe/eotris nullipora	poreless gudgeon
Oxeleotris selheimi	giant gudgeon
Parambassis gul/iveri	giant glassfish
Periophtha/mus argenti/ineatus	silver-stripe mudskipper
Penophthalmus	New Guinea mudskipper
Periophthalmus weberi	Weber's mudskipper
Pingalla lorentzi	Lorentz's grunter
Pingalla midgleyi	Midgley's grunter
Porochi/us argenteus	silver tandan
Porochilus obbesi	Obbes' catfish
Porochi/us rendah/i	Rendahl's catfish
Premnas b1acu/eatus	spine cheek anemonefish
Pnonobutis microps	Small-eyed gudgeon
Pseudomug1/ cyanodorsalis	blue-back blue-eye
Pseudomugil tenellus	delicate blue-eye
Redigobius balteatus	rhinohorn goby
Redigobius b1kolanus	speckled goby
Redigobius chrysosma	spot-fin goby
Scatophagus argus	spotted scat
Scorlum ogilbyi	Gulf grunter
Se/enotoca multifasciata	striped scat
Strongylura krefftii	freshwater longtom
Syncom1stes butferi	Butlers grunter
Toxetes chatareus	common archerfish
Toxetes Jorentzi	primitive archerfish

Ambassis agassizi	Glassfish	The specimen, or the fish or invertebrate from which it is derived,
Ambassis agrammus Anguilla australis	Sailfin gtassfish Eels	was produced lawfully in an aquaculture facility operating in accordance with the Queensland
Angwl/a remhardtii	Eels	Fisheries Act 1994 and subordinate legislation.
Arius graeffei	Blue catfish	Included on the list until 1 December 2009.
Bidyanus bidyanus	Silver perch
Bidyanus we/chi	Grunter
Ch!amydogobius eremius	Gaby
Denariusa bandata	Penny fish
Hypse/eotris compressus Kuhtia rupestris	Empire gudgeon Jungle perch (Nth and Sth
Lates calcarifer	Barramundi

Acanthopagrus tapirina

Argyrosomus japonicus Arripis geogianus

Black bream

Mulloway Tommy ruff

The specimen, or the fish or invertebrate from which it is derived, was produced lawfully in an aquaculture facility operating

in accordance with the South Australian Fisheries Act 1982

Arripis trutta

Australian saimon

and Aquaculture Act 2001 and subordinate !egislation.

Macquaria amb1gua

Macquaria colonorum

Golden perch

Estuary perch

Included on the list until 1 December 2009

Neosilurus spp

Pagrus auratus Pseudaphritis wvilliii

Catfish Snapper

Congotli

Pseudocaranx dentex

Rhombosolea tapirina

Silver trevally

Greenback flounder

Serio/a /a/and/

Siflagmoides punctata Si/Iago schomburgil

Yellowtail kingfish

King Georg!;? whiting Yellowfin whiting

Latris lineata

Striped trumpeter

The specimen, or the fish or invertebrate from which it is derived, was produced lawfully in an aquaculture facility operating

in accordance with the Tasmanian

Living Marine Resources Management Act 1995 and subordinate legislation. Included on the list until 1 December 2009.

Acanthopagrus butcher!	Black bream	The specimen, or the fish or invertebrate from which it is derived,
Argyronsomus japonicus 81dyanus b1dyanus	Mulloway Silver perch	was produced lawfully in an aquaculture facility operating in accordance with the Victorian
Chrysophrys auratas Gadopsis bispinosus	Snapper Two-spined blackfish	Fishenes Act 1995 and subordinate legislation. Included on the list until 1 December 2009
Gadopsis marmoratus	River blackfish
Ga/axias maculatus	Common galaxias
Ga/axias o/idus	Mountain galaxias
Ga/axias truttaceus	Galaxias
Latris lineata Macquaria ambigua	Striped trumpeter Golden perch
Macquana colonorum	Estuary perch

Nannoperca australis	Pygmy perch
Platycephalus fuscus	Dus y flathead
Rhomboso/ea tapirina Scortum barcoo	Greenback flounder Barcoo grunter
Senoia /alandi	Yellowtail kingfish
Sillaginoides puntatus	King George whiting

Argyrosomus ho/oepidotus	Mulloway	The specimen, or the fish or invertebrate from which it is derived,
Coryphaena hippurus	Mahi mahi	was produced lawfully under the Western Australia
Cromrleptes a!tive/is	Barramundi cod	Fish Resources Management Act 1994 and subordinate legislation.
Epinephilus coiides	Estuary Cod	Included on the list until 1 December 2009.
Latjanus argentimaculatus	Mangrove jack
MugI/ cephafus	Sea mullet
P/ectropomus leopardus	Coral trout
Protnibea d1acanthus	Mulloway
Serio/a latandi	Yellowtail kingfish
Tandanus bostocki	Freshwater cobbler

Freshwater and Marine Invertebrates

Phylum: Annelida

Australonuphis parateres	Beachworm	The specimen, or the fish or invertebrate from which it is derived,
Australonuphis teres	Beachworm	was produced lawfully in an aquaculture facliity operating
Diopatra aciculata	Tubeworms	in accClrdance with the New South Wales
Diopatra dentata	Tubeworms	Fisheries Management Act 1994 and subordinate legislation.
Hirsutonumphis mariahirsuta	Beachworm	Included on the list until 1 December 2009.
Ma,physa sanguinea	Bloodworm

Phylum: Arthropoda

Atyidae sp	Freshwater shrimp	The specimen, or the fish or invertebrate from which it is derived,
Cherax cuspidatus	Cusped crayfish	was produced lawfully in an aquaculture facility operating
Euastacus spinifer	Sydney crayfish	in accordance with the New South Wales
Euastacus va/entulus	Strong crayfish	Fisheries Management Act 1994 and subordinate legislation.
Macrobrachium sp	Freshwater prawn	Included on the list until 1 December 2009.

Metapenaeus ens,s Penaeus escu/entus	Red endeavour prawn Brown tiger prawn	The specimen, or the fish or invertebrate from which it is derived, was produced lawfully in an aquaculture facility operating
Penaeus ind1cus Scylla serrata	Red legged banana prawn Mud crab	in accordance with the Northern Territory Fisheries Act 1988 and subordinate legislation.
		Included on the list until 1 December 2009.

Cherax depressus Cherax destructor

Cherax quancarinatus

Yabby

Yabby Redcfaw

The specimen, or the fish or invertebrate from which it is derived, was produced lawfully in an aquaculture facility operating

in accordance with the Queensland

Penaeus escutentus Penaeus merguiensis Portunus pelagicus

Scylla serrata

Brown tiger prawn Banana prawns Sand crab

Mud crab

Fisheries Act 1994 and subordinate legislation. Included on the list until 1 December 2009.

Cherax destructor	Yabby	The specimen, or the fish or invertebrate from which it is derived,
Euastacus bispinosa	Southern spiny crayfish	was produced lawfully in an aquaculture facility operating
Macrobrachium spp Paratya spp	Crayfish Freshwater shrimp	in accordance with the South Australian Fisheries Act 1982 and Aquaculture Act 2001 and subordinate legislation.
		Included on the list until 1 December 2009.

Cherax albidus Cherax destructor

Yabby Yabby

The specimen, or the fish or invertebrate from which it is derived, was produced lawfully in an aquaculture facility operating

Paratya austra/iensis

Freshwater shrimp

in accordance with the Victorian

Fisheries Act 1995 and subordinate legislation. Included on the list until 1 December 2009.

Cherax destructor Panulirus ornatus Panul1rus versicolor Scyl/arus sp

Yabby

Tropical rock. lobster - painted Tropical rock lobster - green Moreton bay bugs

The specimen, or the fish or invertebrate from which it is derived, was produced lawfully in an aquaculture facility operating

in accordance with the Western Australia

Fish Resources Management Act 1994 and subordinate legislation.

Included on the list until 1 December 2009.

Phylum: Echinodermata

Centrostephanus rogersii Heliocidaris erythrogramma Holothuria sp

Urchin Urchin

Sea Cucumber

The specimen, or the fish or invertebrate from which it is derived, was produced lawfully in an aquaculture facility operating

in accordance with the Victorian

Fisheries Act 1995 and subordinate legislation. Included on the list until 1 December 2009.

Phylum: Mollusca

Euastacus armatus Ostrea angasi Pinctada imbricata Saccostrea g/omerata

Tapes dorsatus

Murray crayfish Flat oyster Pearl oyster

Sydney rock oyster

Clams

The specimen, or the fish or invertebrate from which it is derived, was produced lawfully in an aquaculture facility operating

in accordance with the New South Wales

Fisheries Management Act 1994 and subordinate legislation. Included on the list until 1 December 2009.

Pinctada maxima Polymesoda erosa

Pearl oyster Mangrove mussel

The specimen, or the fish or invertebrate from which it is derived, was produced lawfully in an aquaculture facility operating

in accordance with the Northern Territory Fisheries Act 1988 and subordinate legislation.

Included on the list until 1 December 2009.

Pinctada margaritifera

Pinctada maxima

Black-lipped pearl oyster

Gold lipped pearl oyster

The specimen, or the fish or invertebrate from which it is derived, was produced lawfully in an aquaculture facility operating

Saccostrea cucu/lata

Saccostrea glomerata

Milky oyster

Sydney rock oyster

in accordance with the Queensland

Fisheries Act 1994 and subordinate legislation.

Striostrea myt1/foides

Black-lipped oyster

Included on the list until 1 December 2009.

Alathyria jacksom	River mussel	The specimen, or the fish or invertebrate from which it is derived,
Ch!amys bifrons	Queen scallop	was produced lawfully in an aquaculture facility operating
Donax delto1des	Goolwa cockle	in accordance with the South Australian Fishenes Act 1982
Ha/iot1s cormcopora	Brownlip abalone	and Aquaculture Act 2001 and subordinate legislation.
Haliotis cyclobates	Cyclobates abalone	Included on the list until 1 December 2009.
Haliotis scalaris	Staircase abalone
Mimachlamys aspernmus	Doughboy scallop
Octopus australis	Southern octopus
Octopus maorum	Maori octopus
Octopus pallidus	Pale octopus
Ostrea angasi	Native oyster
Pecten fumatus	King scallop
Sepioteuthis australis	Southern calamari
Velesunio amb1guus	Biltabong mussel

Ostrea angasI

Pecten fumatus

Australian flat oyster

Commercial scallop

The specimen, or the fish or invertebrate from which it is derived, was produced lawfully in an aquaculture facility operating

Subninella undutata Velesunio ambiguss

Periwinkle Freshwater mussel

in accordance with the Victorian

Fisheries Act 1995 and subordinate legislation.

Included on the list until 1 December 2009.

Amusium bafloti Ostrea angas1	Saucer scallops Flat oyster	The specimen, or the fish or invertebrate from which it is derived, was produced lawfully in an aquaculture facility operating
Pinctada a/bina Pinctada fucata	Pearl oysters Pearl oysters	in accordance with the Western Australia Fish Resources Management Act 1994 and subordinate legislation.
Pinctada margaritifera	Pearl oysters	Included on the list until 1 December 2009.
Pfena falcata	Pearl oysters
Pteria penguin	Pearl oysters
Saccostrea cuculata	Western rock oyster
Saccostrea echinata	Tropical rock oyster
Striostrea mytiloides	Tropical rock oyster

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the 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 problem of unsustainable exploitation and trade of native species, which threatened biodiversity and ecosystems. The Act is administered by the Commonwealth of Australia, with the Minister for the Environment and Heritage having a key role in its governance. The policy objective of this legislative instrument is to amend the list of exempt native specimens to include certain freshwater and marine animals and invertebrates that were produced lawfully in aquaculture facilities operating in accordance with relevant state or territory legislation. This amendment aims to ensure that the trade in these species does not pose a threat to their conservation and sustainable use. This legislative instrument, dated 30 November 2004, amends the list of exempt native specimens under section 303DB of the Act by including various freshwater and marine animals and invertebrates that were produced lawfully in aquaculture facilities. The amendment specifies the relevant state or territory legislation under which these facilities operate and, where applicable, the date until which the inclusion on the list is effective. The objective is to regulate the trade of these species in a manner that supports their conservation and sustainable use.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the conservation and protection of native flora, fauna, ecological communities, and heritage places within Australia. The Act operates across the Commonwealth and has jurisdiction over activities that may impact listed threatened species and ecological communities, as well as the heritage places of national and international significance. This legislative instrument amends the list of exempt native specimens established under section 303DB of the EPBC Act by including certain freshwater and marine animals and invertebrates, provided they were produced lawfully in specified aquaculture facilities operating in accordance with state or territory fisheries legislation. The exemptions are applicable until 1 December 2009, thereby temporarily excluding certain specimens from the need for a specific EPBC Act approval for their export or import. The scope of the Act extends to these specified aquaculture-produced specimens, and excludes them from the usual regulatory requirements under the Act, provided they meet the outlined legal production criteria.

Key Provisions

The legislative instrument (F2006B00287) amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by updating the list of exempt native specimens under section 303DB (section 303DC(1)). This amendment includes various freshwater and marine animals and invertebrates, all of which must be produced lawfully in an aquaculture facility operating in accordance with specific state or territory fisheries legislation. For example, certain fish species such as barramundi and mangrove jack must be produced in facilities compliant with the Northern Territory Fisheries Act 1988 or the Queensland Fisheries Act 1994, among others. Similarly, invertebrates such as freshwater shrimp and various types of oysters and mussels must also be produced in approved aquaculture facilities. The amendment specifies that some species will remain on the list of exempt specimens until 1 December 2009. Under the amended Act, the obligations imposed on parties or entities include ensuring that any specimens of the listed species are produced in a lawful manner in accredited aquaculture facilities. This requirement ensures that the production of these species adheres to the regulatory standards set out by the respective state or territory fisheries legislation. The legislative instrument highlights the need for compliance with specific state or territory laws to maintain the legality and sustainability of the aquaculture practices. Failure to comply with these provisions could result in legal consequences. While the specific offences, penalties, or consequences for breach are not detailed in the legislative instrument, the Act generally provides for both civil and criminal penalties for non-compliance with its provisions. Under the Act, breaches may result in substantial fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the offence but can include fines up to several thousand Australian dollars and/or imprisonment for several years, particularly for more serious environmental offences.

Area of Law: Environmental Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Licensing & Registration; Compliance Obligations; Enforcement Powers

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.

Legislation content

COMMONWEALTH OF AUSTRALIA

Amendment of List of Exempt Native Specimens

Overview

Scope and Application

Key Provisions

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