COMMONWEALTH OF AUSTRALIA

 

 

Amendment of List of Exempt Native Specimens – Queensland Coral Fishery, October 2021

 

 

I, SUSSAN LEY, 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 notations specified in Schedule 1, and by including in the list specimens and associated restrictions or conditions as set out in Schedule 2.

 

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

 

The instrument commences the day after it is registered.

 

 

Dated this 28 day of October 2021

 

 

 

Sussan Ley

….……………………………………………….

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 Coral Fishery as defined in the management regime in force under the Fisheries Act 1994 (Queensland) and Fisheries Regulations 2019 (Queensland), 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 Coral Fishery

  • The specimen, or the fish or invertebrate from which it is derived, was taken lawfully;
  • 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 Coral Fishery as defined in the management regime in force under the:

  • Fisheries Act 1994 (Queensland)
  • Fisheries (General) Regulation 2019 (Queensland)
  • Fisheries (Commercial Fisheries) Regulation 2019 (Queensland)
  • Fisheries Declaration 2019 (Queensland)
  • Fisheries Quota Declaration 2019 (Queensland)
  • Marine Parks Act 2004 (Queensland)
  • Marine Parks Regulations 2019 (Queensland)
  • Great Barrier Reef Marine Park Act 1975 (Commonwealth)
  • Great Barrier Reef Marine Park Regulations 2019 (Commonwealth).

but not including:

(e)    specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or

(f)     specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or

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

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

 

Queensland Coral Fishery

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