{"id":"F2017L01589","name":"Amendment of List of Exempt Native Specimens – Victorian Scallop (Ocean) Fishery, November 2017","slug":"amendment-of-list-of-exempt-native-specimens-victorian-scallop-ocean-fishery-november-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":144383,"registerId":"commonwealth-F2017L01589-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 Scallop (Ocean) Fishery, November 2017\n\nI, VERONICA BLAZELY, Acting 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 Victorian Scallop (Ocean) Fishery as defined in the management regime in force under the Fisheries Act 1995 (Vic) and Fisheries Regulations 2009 (Vic),\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 commences the day after it is registered.\n\nState legislation referred to in the instrument is incorporated as in force at the time this instrument commences.","sortOrder":0},{"sectionNumber":"Dated this 28 day of November 2017","sectionType":"part","heading":"Dated this 28 day of November 2017","content":"# Dated this 28 day of November 2017\n\n![\\\\pvac01file02\\user$\\A15531\\Profile\\Desktop\\Veronica B Signature.PNG](image.002.png)\n\nDelegate of the Minister for the Environment and Energy","sortOrder":1}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument expands the scope of exempt native specimens under the EPBC Act by specifically including specimens taken in the Victorian Scallop (Ocean) Fishery, while preserving exclusions for Part 13 threatened species and CITES taxa. The exemption is conditional on lawful take and on the fishery being covered by a declaration of an approved wildlife trade operation; it also incorporates Victorian fisheries law as in force at commencement."},"complexity_factors":["Cross-reference to multiple EPBC provisions (subsection 303DC(1)(a), section 303DB, section 303CA and section 303FN) requiring knowledge of the Act's exemption and declaration framework.","Conditional exemption dependent on both lawful take and an approved wildlife trade operation declaration (compliance burden on fishers/operators).","Exclusions for species listed under Part 13 and taxa listed under Australia’s CITES list—requires species-level checking against separate lists.","Incorporation of Victorian state fisheries law (Fisheries Act 1995 (Vic) and Fisheries Regulations 2009 (Vic)) 'as in force' at commencement—creates cross‑jurisdictional dependency and potential change over time.","Delegated administrative action (instrument made by a Minister’s delegate) concentrates implementation discretion in the executive.","Operational dependency on recordkeeping/enforcement to verify lawful take and coverage by the declared wildlife trade operation."],"plain_english_summary":"This instrument adds specimens from the Victorian Scallop (Ocean) Fishery to the EPBC Act’s list of “exempt native specimens,” subject to exclusions for species on Part 13 and CITES-listed taxa. It only applies where the animals were taken lawfully and the fishery is covered by a declared approved wildlife trade operation. It affects fishers and operators in that Victorian fishery (and the regulator that declares approved wildlife trade operations) by removing the need for some Commonwealth permits when the stated conditions are met."},"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"},"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 exempt native specimens framework—adding a specific fishery to the exempt list with appropriate safeguards. No scope creep detected."},"complexity_factors":["Single operative provision with straightforward conditional logic (two bullet-point conditions)","References to 4 external statutory provisions (EPBC Act sections 303DC, 303DB, 303CA, 303FN; plus Victorian Fisheries Act 1995 and Fisheries Regulations 2009) but these are standard incorporation by reference","No defined terms section within the instrument itself","Simple structure: delegation statement, amendment instruction, conditions, commencement clause","Standard administrative instrument format under the EPBC Act"],"plain_english_summary":"This is a legal instrument that adds scallops and other sea creatures caught in Victoria's ocean scallop fishery to a special 'exempt list'. This means fishers can export these specimens (or products made from them) without needing individual export permits, **provided** two conditions are met:\n\n- The scallops or sea creatures were caught legally under Victorian fishing laws; and\n- The fishery has been officially declared an 'approved wildlife trade operation' under federal environmental law.\n\n**Who it affects:** Commercial fishers in the Victorian Scallop (Ocean) Fishery who want to export their catch, and anyone trading these specimens internationally.\n\n**Why it matters:** Normally, exporting Australian native wildlife requires a permit for each shipment. This exemption streamlines the process for this specific fishery, reducing red tape while still requiring the fishery to meet environmental standards (the 'approved wildlife trade operation' requirement ensures the fishery is assessed as sustainable)."}},"importantCases":[],"_links":{"self":"/api/acts/amendment-of-list-of-exempt-native-specimens-victorian-scallop-ocean-fishery-november-2017","history":"/api/acts/amendment-of-list-of-exempt-native-specimens-victorian-scallop-ocean-fishery-november-2017/history","analysis":"/api/acts/amendment-of-list-of-exempt-native-specimens-victorian-scallop-ocean-fishery-november-2017/analysis","conflicts":"/api/acts/amendment-of-list-of-exempt-native-specimens-victorian-scallop-ocean-fishery-november-2017/conflicts","importantCases":"/api/acts/amendment-of-list-of-exempt-native-specimens-victorian-scallop-ocean-fishery-november-2017/important-cases","documents":"/api/acts/amendment-of-list-of-exempt-native-specimens-victorian-scallop-ocean-fishery-november-2017/documents"}}