{"id":"F2018L01582","name":"Amendment of List of Exempt Native Specimens – Western Australian Pilbara Fish Trawl Managed Fishery, August 2018","slug":"f2018l01582","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318137,"registerId":"commonwealth-F2018L01582-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 – WESTERN AUSTRALIAN PILBARA FISH TRAWL MANAGED FISHERY, AUGUST 2018\n\nI, MELISSA PRICE, 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 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 12 th day of November 2018","sectionType":"part","heading":"Dated this 12 th day of November 2018","content":"# Dated this 12 th day of November 2018\n\n………………Melissa Price………………\n\nMinister for the Environment\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 30 November 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, 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```","sortOrder":1}],"analysis":{"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 the original scope of the EPBC Act's exemption framework. It is a routine administrative update to renew an existing fishery exemption with updated conditions, replacing an expiring entry with a new one that references the approved wildlife trade operation declaration. The scope remains limited to the specific Pilbara fishery and does not expand to new activities or regions."},"complexity_factors":["Short, single-purpose instrument (2 schedules, 2 pages)","Only 4 defined statutory references (EPBC Act sections 303DC, 303DB, 303BC, 303CA, 303FN)","Simple structure: delete old entry, insert new entry with modified notation","Incorporation by reference of Western Australian state legislation (Fish Resources Management Act 1994 and Regulations 1995)","Conditional logic limited to two exclusion criteria (threatened species and CITES-listed species)","No nested exceptions or complex temporal conditions beyond the commencement date"],"plain_english_summary":"This decision updates the Pilbara Fish Trawl Managed Fishery’s national-exemption: it removes an expired permit exemption and inserts a new one that lets fish and invertebrates from that fishery be traded without individual EPBC Act permits. \n\nIt affects commercial fishers and anyone buying or selling catch, but only if animals were taken lawfully under WA law, the fishery is an approved wildlife trade operation, and the species are not threatened or on Australia’s CITES list."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The instrument removes the previous time-limited listing (specimens were listed only until 30 November 2018) and replaces it with a listing that is conditional on lawful take and coverage by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. It therefore removes the temporal cutoff and substitutes an ongoing, conditional qualification; it also expressly incorporates the referenced Western Australian fisheries laws as in force at commencement."},"complexity_factors":["Cross-references to multiple EPBC Act provisions (s303DC(1)(a), s303DB, s303BC, s303CA, s303FN)","Replacement of a fixed expiry condition (specimens included until 30 November 2018) with an ongoing exemption conditional on an administrative declaration","Incorporation of external state legislation (Fish Resources Management Act 1994 (WA) and Regulations 1995 (WA)) as in force at commencement","Operational dependency on the meaning and scope of a \"declaration of an approved wildlife trade operation\" under s303FN","Requirement that specimens were \"taken lawfully\"—placing evidential/compliance burdens on operators","Potential administrative discretion in making or recognising the s303FN declaration (decision-maker and criteria are effected by EPBC cross-reference)"],"plain_english_summary":"This amendment replaces a time‑limited exemption for specimens taken in the Western Australian Pilbara Fish Trawl Managed Fishery with a new entry that applies only where the specimen (or the animal it came from) was taken lawfully and is covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. It continues to exclude threatened species and CITES‑listed taxa, and incorporates the WA fisheries laws as in force at commencement. Affected fishers and traders must be covered by the s303FN declaration."}},"importantCases":[],"_links":{"self":"/api/acts/f2018l01582","history":"/api/acts/f2018l01582/history","analysis":"/api/acts/f2018l01582/analysis","conflicts":"/api/acts/f2018l01582/conflicts","importantCases":"/api/acts/f2018l01582/important-cases","documents":"/api/acts/f2018l01582/documents"}}