{"id":"F2018L00137","name":"Amendment of List of Exempt Native Specimens – South Australian Lakes and Coorong Fishery, February 2018","slug":"amendment-of-list-of-exempt-native-specimens-south-australian-lakes-and-coorong-fishery-february-201","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96779,"registerId":"commonwealth-F2018L00137-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Environment Protection and Biodiversity ","sectionType":"section","heading":"Environment Protection and Biodiversity Conservation Act 1999","content":"##### Environment Protection and Biodiversity Conservation Act 1999\n\nAmendment of List of Exempt Native Specimens – South Australian Lakes and Coorong Fishery, February 2018\n\nI, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy, pursuant to subsection 303DC(1)(a) 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 including in the list the following:\n\n-   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 (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the South Australian Lakes and Coorong Fishery, as defined in the Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 (SA) and the Fisheries Management (General) Regulations 2017 (SA) in force under the Fisheries Management Act 2007 (SA),\n\nwith a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:\n\n-   the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and\n-   the specimens are covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.\n\nThis instrument is a legislative instrument for the purposes of the Legislation Act 2003.\n\nThe instrument commences the day after it is registered.\n\nAll state legislation referred to in the instrument is incorporated as in force at the time this instrument commences.","sortOrder":0},{"sectionNumber":"Dated this 19th day of February 2018","sectionType":"part","heading":"Dated this 19th day of February 2018","content":"# Dated this 19th day of February 2018\n\n….……………Paul Murphy……………………\n\nDelegate of the Minister for the Environment and Energy","sortOrder":1}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by the EPBC Act's framework for wildlife trade exemptions. It adds a specific fishery to the exempt list under the standard delegated legislative process, with appropriate conditions. The scope remains tightly focused on facilitating sustainable commercial fishing while maintaining environmental safeguards."},"complexity_factors":["Multiple nested conditions: the exemption applies only if specimens are 'fish or invertebrates' AND 'taken lawfully' AND 'covered by approved wildlife trade operation declaration' AND NOT from protected species lists","Cross-references to four separate pieces of legislation: EPBC Act (multiple sections), Fisheries Management Act 2007 (SA), and two sets of South Australian regulations","Technical terminology requiring parenthetical explanation: 'conservation dependent category', 'section 303CA' (Australia's CITES list), 'section 303FN' (approved wildlife trade operations)","Incorporation by reference of state legislation 'as in force at commencement' creates potential ambiguity if SA regulations change","Double negative construction in the exclusion clause ('other than specimens that belong to species listed under Part 13... other than a species listed in the conservation dependent category')"],"plain_english_summary":"This instrument exempts specified fish and invertebrates from the South Australian Lakes and Coorong Fishery from certain federal wildlife‑trade controls under the EPBC Act, so they can be traded without individual federal permits.\n\nIt affects commercial fishers, seafood buyers and consumers, and only applies where catch is legal under SA law, the fishery holds federal accreditation as an “approved wildlife trade operation,” and species aren’t CITES‑listed or federally threatened (except conservation dependent)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This amendment broadens the federal exemption list by adding fish and invertebrate specimens taken in the South Australian Lakes and Coorong Fishery, subject to specified exclusions and conditions. Practically, it reduces federal regulatory reach for those specimens when the two conditions (lawful take; declaration under s303FN) are met, and fixes which state regulations apply by incorporating them as in force at commencement."},"complexity_factors":["Cross-references to multiple EPBC provisions (Part 13, s303CA, s303FN) require checking other statutory lists and rules.","Conditional exclusion language (exceptions for conservation‑dependent species) creates interpretive detail.","Mandatory linkage to a state fishery definition and to state regulations as in force at commencement creates dependency on external instruments.","Compliance hinges on two factual/legal conditions: lawful take and coverage by an approved wildlife trade operation declaration.","Commencement timing (day after registration) and incorporation of state laws as at commencement create transition and update considerations."],"plain_english_summary":"This instrument adds specimens that are, or come from, fish or invertebrates taken in the South Australian Lakes and Coorong Fishery to the EPBC Act’s list of exempt native specimens, while excluding species listed under Part 13 (except conservation‑dependent) and taxa on Australia’s CITES list. The exemption only applies if the organisms were lawfully taken and are covered by a declared approved wildlife trade operation under section 303FN. It affects fishers, processors and traders in that fishery by replacing some federal controls with compliance conditions (lawful take and a declaration)."}},"importantCases":[],"_links":{"self":"/api/acts/amendment-of-list-of-exempt-native-specimens-south-australian-lakes-and-coorong-fishery-february-201","history":"/api/acts/amendment-of-list-of-exempt-native-specimens-south-australian-lakes-and-coorong-fishery-february-201/history","analysis":"/api/acts/amendment-of-list-of-exempt-native-specimens-south-australian-lakes-and-coorong-fishery-february-201/analysis","conflicts":"/api/acts/amendment-of-list-of-exempt-native-specimens-south-australian-lakes-and-coorong-fishery-february-201/conflicts","importantCases":"/api/acts/amendment-of-list-of-exempt-native-specimens-south-australian-lakes-and-coorong-fishery-february-201/important-cases","documents":"/api/acts/amendment-of-list-of-exempt-native-specimens-south-australian-lakes-and-coorong-fishery-february-201/documents"}}