{"id":"F2018L00658","name":"Amendment of List of Exempt Native Specimens – Western Australian Pilbara Fish Trawl Managed Fishery and Western Australian West Coast Rock Lobster Managed Fishery, May 2018","slug":"f2018l00658","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":317941,"registerId":"commonwealth-F2018L00658-current","compilationNumber":null,"startDate":"2026-04-08","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 – \nWestern Australian Pilbara Fish Trawl Managed Fishery and \nWestern Australian West Coast Rock Lobster Managed Fishery, \nMay 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 24th day of May 2018","sectionType":"part","heading":"Dated this 24th day of May 2018","content":"# Dated this 24th day of May 2018\n\nPaul Murphy\n\nDelegate of the Minister for the Environment and Energy\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 Act, taken in the Pilbara Fish Trawl Interim Managed Fishery.

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 May 2018.

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, taken in the Western Australian West Coast Rock Lobster Managed Fishery as defined in the Western Australian West Coast Rock Lobster Managed Fishery Management Plan 2012 in force under the Western Australian Fish Resources Management Act 1994,

Western Australian West Coast Rock Lobster Managed 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```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.

Specimens that are or are derived from fish or invertebrates taken in the Western Australian West Coast Rock Lobster 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 West Coast Rock Lobster Managed Fishery.

  • the specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and
  • the specimens are included in the list until 30 May 2025.
\n```","sortOrder":1}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The instrument replaces prior entries with new ones that (a) extend or set new expiry dates (Pilbara to 24 Aug 2018; West Coast Rock Lobster to 30 May 2025), (b) add explicit exclusions for eligible listed threatened species (s303BC) and CITES taxa (s303CA), and (c) remove the previous requirement that West Coast Rock Lobster specimens be covered by a declaration under section 303FN. It also incorporates the relevant WA fisheries legislation as in force at commencement (Sched.2)."},"complexity_factors":["Uses delegated power under subsection 303DC(1)(a) to amend the list established by section 303DB (procedural/legal cross-reference).","Incorporates state legislation (Fish Resources Management Act 1994 (WA) and associated regulations) as in force at commencement, creating inter-jurisdictional dependency.","Temporal limits differ by fishery (Pilbara until 24 August 2018; West Coast Rock Lobster until 30 May 2025), adding date-driven compliance rules.","Exclusions reference other EPBC provisions: eligible listed threatened species (section 303BC) and taxa under Australia’s CITES list (section 303CA).","Change alters prior condition for West Coast Rock Lobster that previously referenced a declaration under section 303FN (modifies qualifying criteria).","Practical compliance requires operators to establish lawful take and check species/status against other parts of the EPBC Act, increasing verification needs."],"plain_english_summary":"This instrument amends the EPBC Act list of exempt native specimens by removing earlier entries and inserting updated entries for two Western Australian fisheries: the Pilbara Fish Trawl Interim Managed Fishery and the West Coast Rock Lobster Managed Fishery. The new entries set conditions (lawful take, explicit exclusions for eligible listed threatened species and CITES-listed taxa) and limited inclusion periods (Pilbara until 24 August 2018; West Coast Rock Lobster until 30 May 2025). The delegate of the Minister effected the change under subsection 303DC(1)(a)."},"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 maintains its original narrow scope as a routine administrative update to the List of Exempt Native Specimens. It continues the established practice of periodically renewing exemptions for approved fisheries with updated conditions and expiry dates. The substance—exempting specific WA fisheries from export permit requirements—remains consistent with the original purpose of the exemption framework under the EPBC Act."},"complexity_factors":["Multiple cross-references to external legislation (Fish Resources Management Act 1994 (WA), Fish Resources Management Regulations 1995 (WA))","References to specific sections of the EPBC Act (303BC, 303CA, 303DB, 303DC, 303FN)","Nested exclusions ('not including' threatened species and CITES-listed species)","Incorporation of state legislation 'as in force at the time of commencement' (dynamic referencing)","Tabular format with fragmented HTML markup creating parsing challenges","Temporal conditions with specific expiry dates requiring tracking"],"plain_english_summary":"This instrument updates EPBC Act export exemptions for two WA fisheries: it removes older Schedule 1 exemptions and replaces them with new, conditional Schedule 2 exemptions with different expiry dates (Pilbara Fish Trawl until 24 Aug 2018; West Coast Rock Lobster until 30 May 2025). It matters because commercial fishers in those fisheries can export without individual permits only under the new terms, and the exemptions don’t cover threatened or CITES-listed species."}},"importantCases":[],"_links":{"self":"/api/acts/f2018l00658","history":"/api/acts/f2018l00658/history","analysis":"/api/acts/f2018l00658/analysis","conflicts":"/api/acts/f2018l00658/conflicts","importantCases":"/api/acts/f2018l00658/important-cases","documents":"/api/acts/f2018l00658/documents"}}