{"id":"F2020L01193","name":"Amendment of List of Exempt Native Specimens – Victorian Corner Inlet Fishery, September 2020","slug":"amendment-of-list-of-exempt-native-specimens-victorian-corner-inlet-fishery-september-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":113585,"registerId":"commonwealth-F2020L01193-current","compilationNumber":null,"startDate":"2026-04-03","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 – Victorian Corner Inlet Fishery, September 2020\n\nI, Stephen Oxley, First Assistant Secretary, Heritage, Reef and Wildlife Trade Division, as Delegate of the Minister for the Environment, 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 deleting from the list specimens and any notations specified in Schedule 1, and by including in the list specimens and associated restrictions or conditions as set out in Schedule 2.\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 and territory legislation referred to in Schedule 2 to the instrument is incorporated as in force at the time this instrument commences.","sortOrder":0},{"sectionNumber":"Dated this 17th day of September 2020","sectionType":"part","heading":"Dated this 17th day of September 2020","content":"# Dated this 17th day of September 2020\n\n….………………Stephen Oxley……………….\n\nDelegate of the Minister for the Environment\n\n \nSCHEDULE 1\n\nUnder the heading Freshwater and Marine Animals delete from the list the following items and any associated notations:\n\n```html\n

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 (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 Victorian Corner Inlet Fishery as defined in the management regime in force under the Fisheries Act 1995 (VIC) and Fisheries Regulations 2009 (VIC).

Victorian Corner Inlet 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 EPBC Act in relation to the fishery.

\n```\n\n \n\nSCHEDULE 2\n\nUnder the heading Freshwater and Marine Animals include in the list the following items and associated notations:\n\n| Taxon/Item | Common Name | Notation |\n| ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------ | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Specimens that are or are derived from fish or invertebrates taken in the Victorian Corner Inlet Fishery as defined in the management regime in force under the Fisheries Act 1995 (Victoria), and the Fisheries Regulations 2019 (Victoria), but not including:(a) specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or(b) specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or(c) specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or(d) specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List). | Victorian Corner Inlet Fishery | the specimen, or the fish or invertebrate from which it is derived, was taken lawfully; andthe specimens are covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery. |","sortOrder":1}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The scope has tightened compared to the original exemption. The new version explicitly excludes four categories of protected species that were not clearly excluded in the original 2009-based exemption: (1) migratory species, (2) listed marine species, (3) eligible listed threatened species, and (4) CITES-listed species. While the old version excluded 'species listed under Part 13' (threatened species) and CITES-listed species, the new version adds specific exclusions for migratory and marine species lists, and uses the more precise term 'eligible listed threatened species' from section 303BC. This represents a refinement and potential narrowing of the exemption to ensure stronger protections for vulnerable wildlife, rather than a simple update of regulatory references."},"complexity_factors":["Multiple nested exclusions in Schedule 2 (four separate categories of excluded specimens: migratory, marine, threatened, and CITES-listed species)","Cross-references to four different sections of the EPBC Act (sections 209, 248, 303BC, and 303CA) plus section 303FN","Incorporation of Victorian state legislation by reference (Fisheries Act 1995 and Fisheries Regulations 2019), with temporal limitation ('as in force at commencement')","Conditional logic requiring both lawful taking AND coverage by an approved wildlife trade operation declaration","Technical distinction between 'deleting' old entries and 'including' new entries with slightly different scope (the new exclusion for threatened species appears to be an expansion of protections)"],"plain_english_summary":"This instrument updates Australia’s wildlife‑trade rules by replacing the old Corner Inlet fishery exemption with a new one tied to Victoria’s 2019 management regime. It affects commercial fishers, buyers/exporters and regulators by maintaining an export‑permit exemption for legally caught fish and invertebrates from Corner Inlet—but only while the fishery stays an EPBC approved wildlife trade operation and operates under the 2019 regulations. The new exemption is narrower: migratory, listed, threatened and CITES species remain excluded and still require permits."},"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":"The instrument replaces the previous Corner Inlet Fishery exemption entry with a new entry that: (a) updates the referenced state regulations (Fisheries Regulations 2019 (VIC)) and (b) alters the exclusion categories. The former item excluded species under Part 13 (other than conservation dependent) and taxa under s303CA; the new item explicitly excludes taxa listed under s209 (migratory), s248 (marine), eligible listed threatened species (as defined in s303BC) and s303CA (CITES). It also restates qualification conditions (lawful taking and coverage by a declaration under s303FN). These changes therefore modify which taxa and specimens fall within the exemption and change compliance requirements."},"complexity_factors":["Cross-references to multiple EPBC provisions (s303DB, s303DC, s303FN, s303BC, s209, s248, s303CA) increase interpretive steps.","Incorporation of state legislation as in force at commencement creates a temporal reference point for external rules (Victoria Fisheries Act and Regulations).","The instrument replaces an earlier entry with slightly different exclusion categories, requiring comparison to determine net widening or narrowing of scope.","Operational condition that specimens must be \"taken lawfully\" and \"covered by a declaration of an approved wildlife trade operation\" imposes administrative compliance and proof obligations on fishers/operators.","Delegated decision-making formality (delegate acting under s303DC(1)(a)) and immediate commencement raise implementation and enforcement timing issues."],"plain_english_summary":"This instrument amends the EPBC Act list of “exempt native specimens” by deleting an earlier Victorian Corner Inlet Fishery entry and inserting a new entry tied to the Fisheries Act 1995 (VIC) and Fisheries Regulations 2019 (VIC). It takes effect the day after registration and incorporates state law as in force at commencement. It affects fishers and businesses handling Corner Inlet fish and invertebrates: specimens qualify for the exemption only if taken lawfully and covered by a declared approved wildlife trade operation (s303FN), while migratory, marine, eligible threatened and CITES-listed taxa are excluded."}},"importantCases":[],"_links":{"self":"/api/acts/amendment-of-list-of-exempt-native-specimens-victorian-corner-inlet-fishery-september-2020","history":"/api/acts/amendment-of-list-of-exempt-native-specimens-victorian-corner-inlet-fishery-september-2020/history","analysis":"/api/acts/amendment-of-list-of-exempt-native-specimens-victorian-corner-inlet-fishery-september-2020/analysis","conflicts":"/api/acts/amendment-of-list-of-exempt-native-specimens-victorian-corner-inlet-fishery-september-2020/conflicts","importantCases":"/api/acts/amendment-of-list-of-exempt-native-specimens-victorian-corner-inlet-fishery-september-2020/important-cases","documents":"/api/acts/amendment-of-list-of-exempt-native-specimens-victorian-corner-inlet-fishery-september-2020/documents"}}