Federal Register of Legislation - Australian Government

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EPBC303DC/SFS/2021/04 Lists as made
This instrument amends the List of Exempt Native Specimens Instrument 2001 by removing the Queensland Marine Aquarium Fish Fishery and including the Queensland Aquarium Fish Fishery.
Administered by: Agriculture, Water and the Environment
Registered 27 Apr 2021
Tabling HistoryDate
Tabled HR11-May-2021
Tabled Senate11-May-2021
Date of repeal 29 Apr 2021
Repealed by Self Repealing

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment of List of Exempt Native Specimens – Queensland Aquarium Fish Fishery, APRIL 2021

 

 

I, LAURA TIMMINS, Senior Director, Wildlife Trade Office, 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 revoking the conditions to which the inclusion of the following item in the list on 28 March 2018 is subject:

 

The relevant fisheries are as follows: Queensland Marine Aquarium Fish Fishery.

 

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

 

The instrument commences the day after it is registered.

 

All state and territory legislation referred to in the instrument is incorporated as in force at the time this instrument commences.

 

This instrument is repealed on the day after it commences

 

 

Dated this  23  day of  April 2021

 

 

 

Laura Timmins

….……………………………………………….

Delegate of the Minister for the Environment

 


SCHEDULE 1

 

Under the heading Freshwater and Marine Animals delete from the list the following items and any associated notations:

Taxon/Item

Common Name

Notation

Specimens that are or are derived from fish or invertebrates taken in the Queensland Marine Aquarium Fish Fishery, but not including:

(a)    specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or

(b)   specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).

Queensland Marine Aquarium Fish 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.

 


 

SCHEDULE 2

 

Under the heading Freshwater and Marine Animals include in the list the following items and associated notations:

Taxon/Item

Common Name

Notation

Specimens that are or are derived from fish or invertebrates taken in the Queensland Aquarium Fish Fishery as defined in the management regime in force under the:

·         Fisheries Act 1994 (Qld)

·         Fisheries (General) Regulation 2019 (Qld)

·         Fisheries (Commercial Fisheries) Regulation 2019 (Qld)

·         Fisheries Declaration 2019 (Qld)

·         Fisheries Quota Declaration 2019 (Qld)

·         Marine Parks Act 2004 (Qld)

·         Marine Parks Regulations 2019 (Qld)

·         Great Barrier Reef Marine Park Act 1975 (Cth)

·         Great Barrier Reef Marine Park Regulations 2019 (Cth)

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).

Queensland Aquarium Fish 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.