{"id":"F2018L01158","name":"Amendment of List of Exempt Native Specimens – Western Australian Pilbara Fish Trawl Managed Fishery, August 2018","slug":"amendment-of-list-of-exempt-native-specimens-western-australian-pilbara-fish-trawl-managed-fishery-a","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97843,"registerId":"commonwealth-F2018L01158-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 – WESTERN AUSTRALIAN PILBARA FISH TRAWL MANAGED FISHERY, AUGUST 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 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.\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 23rd day of August 2018","sectionType":"part","heading":"Dated this 23rd day of August 2018","content":"# Dated this 23rd day of August 2018\n\n……………………Paul Murphy……………………..\n\nDelegate of the Minister for the Environment and Energy\n\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 taken in the Western Australian Pilbara Fish Trawl Interim Managed Fishery as defined in the management regime in force under the Fish Resources Management Act 1994 (WA) and Fish Resources Management Regulations 1995 (WA), but not including:

  • specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
  • specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).

Western Australian Pilbara Fish Trawl Managed 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.

\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```html\n

Taxon/Item

Common Name

Notation

Specimens that are or are derived from fish or invertebrates taken in the Western Australian Pilbara Fish Trawl Interim Managed Fishery as defined in the management regime in force under the Fish Resources Management Act 1994 (WA) and Fish Resources Management Regulations 1995 (WA), but not including:

  • specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
  • specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).

Western Australian Pilbara Fish Trawl Managed Fishery

• the specimen, or the fish or invertebrate from which it is derived, was taken lawfully;

• the specimens are included in the list until 30 November 2018.

\n```","sortOrder":1}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It is a straightforward time-extension of an existing fishery exemption, consistent with the original purpose of the List of Exempt Native Specimens mechanism under the EPBC Act. No expansion of substantive coverage or policy intent is evident."},"complexity_factors":["Short, single-purpose instrument with only two operative provisions (deletion and addition)","Heavy reliance on external references: incorporates Western Australian state legislation (Fish Resources Management Act 1994 and Regulations 1995) by reference","Cross-references to three separate sections of the EPBC Act (303DC, 303DB, 303BC, 303CA)","Nested exclusion clauses ('but not including' two categories of protected species)","HTML table formatting in the legislative text creates parsing complexity","Temporal limitation creates automatic expiry (sunset clause)"],"plain_english_summary":"This updates the EPBC Act’s List of Exempt Native Specimens to replace a Pilbara Fish Trawl Managed Fishery export exemption that would have expired on 24 August 2018 with a nearly identical exemption valid until 30 November 2018. It lets commercial fishers and exporters from that WA fishery continue exporting non-threatened, non‑CITES fish and invertebrates without separate federal permits while longer-term approvals are processed."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument replaces the prior scheduled entry (Schedule 1 deletion) with a new entry (Schedule 2) that is substantively the same except for extending the inclusion period: the prior notation included specimens in the list until 24 August 2018, the new notation extends that inclusion until 30 November 2018. The new schedule keeps the same exclusions for eligible listed threatened species (section 303BC) and CITES taxa (section 303CA), and continues to require specimens to have been taken lawfully (Schedule 2 notation). The amendment is made under subsection 303DC(1)(a) of the EPBC Act and incorporates WA fisheries legislation as in force at commencement."},"complexity_factors":["Narrow substantive change: replaces one scheduled entry with another and changes the expiry date (Schedules 1–2).","Legal cross‑references to EPBC Act decision-making and lists (instrument made under subsection 303DC(1)(a); list established under section 303DB).","Explicit exclusions tied to other EPBC provisions (eligible listed threatened species — section 303BC; CITES taxa — section 303CA).","Temporal limitation requires tracking of effective dates: previous listing to 24 August 2018, new listing to 30 November 2018 (Schedule notations).","Incorporation of state law as in force at commencement creates dependence on contemporaneous WA legislation (instrument text: 'All state and territory legislation referred to in Schedule 2 ... is incorporated as in force at the time this instrument commences').","Delegated decision: instrument made by a Ministerial delegate (Assistant Secretary) under delegated power (instrument header referencing delegate authority).","Compliance proof requirement: notation conditions specimens must have been taken lawfully — creates compliance/evidentiary burden for fishers, processors and traders (Schedule notations).","Formatting and table-based scheduling increases risk of transcription or interpretation errors when applied in practice (Schedules presented as formatted tables)."],"plain_english_summary":"This instrument updates the EPBC Act list of exempt native specimens by removing an earlier entry and inserting a replacement entry covering specimens (and things derived from them) taken in the Western Australian Pilbara Fish Trawl Managed Fishery. It applies only to lawfully taken specimens and continues to exclude eligible listed threatened species and taxa on Australia’s CITES list. Mechanically it extends the exemption period for that fishery’s specimens until 30 November 2018 and incorporates Western Australian fisheries laws as in force at commencement."}},"importantCases":[],"_links":{"self":"/api/acts/amendment-of-list-of-exempt-native-specimens-western-australian-pilbara-fish-trawl-managed-fishery-a","history":"/api/acts/amendment-of-list-of-exempt-native-specimens-western-australian-pilbara-fish-trawl-managed-fishery-a/history","analysis":"/api/acts/amendment-of-list-of-exempt-native-specimens-western-australian-pilbara-fish-trawl-managed-fishery-a/analysis","conflicts":"/api/acts/amendment-of-list-of-exempt-native-specimens-western-australian-pilbara-fish-trawl-managed-fishery-a/conflicts","importantCases":"/api/acts/amendment-of-list-of-exempt-native-specimens-western-australian-pilbara-fish-trawl-managed-fishery-a/important-cases","documents":"/api/acts/amendment-of-list-of-exempt-native-specimens-western-australian-pilbara-fish-trawl-managed-fishery-a/documents"}}