Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH NORTHERN PRAWN FISHERY, APRIL 2025
I, BELINDA JAGO, Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water, hereby vary under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the declaration of an approved wildlife trade operation dated 19 December 2023 for the Commonwealth Northern Prawn Fishery as defined in the management regime in force under the:
- Fisheries Management Act 1991 (Cth)
- Fisheries Management Regulations 2019 (Cth)
- Northern Prawn Fishery Management Plan 1995 (Cth),
such that the condition specified in the Schedule to that declaration is varied as follows:
In Condition 5, delete the words
“By 30 June 2025, the Australian Fisheries Management Authority must undertake a review of the Northern Prawn Fishery Scientific Observer program to ensure its coverage is spatially and temporally distributed across the fishery in a manner that delivers representative independent data (particularly in areas where known data gaps exist or where ecological risks are higher).”
and replace with the words
“By 30 June 2026, the Australian Fisheries Management Authority must provide the Department of Climate Change, Energy, the Environment and Water, with a copy of the new data strategy for the Northern Prawn Fishery.
The new data strategy must include sufficient information to allow the department to understand how independent and fishery dependent monitoring will be managed throughout the term of the strategy; how independent monitoring (either through electronic monitoring or scientific observers) will be spatially and temporally distributed across the fishery; and how this will be prioritised to meet the fishery’s information needs (including an understanding of protected species interactions, addressing known data gaps, and logbook validation).”
Dated this 23rd day of June 2025
Belinda Jago
………….…….……………………….........
Delegate of the Minister for the Environment and Water
Notes:
- Under the Administrative Review Tribunal Act 2024, a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision. An application for a statement of reasons may be made in writing to the Department of Climate Change, Energy, the Environment and Water within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Review Tribunal on payment of the relevant fee within 28 days of the date of the declaration or, if reasons are sought, within 28 days of receipt of reasons. Further information may be obtained from the Director, Sustainable Fisheries Section, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.gov.au.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to establish a framework for the conservation of biodiversity. The Act addresses the problem of ensuring that significant environmental impacts of activities, including wildlife trade operations, are properly assessed and managed. The EPBC Act was introduced by the Commonwealth Parliament with the policy objective of integrating environmental considerations into decision-making processes to safeguard Australia's environment and biodiversity. In this context, the Act allows for the declaration and variation of approved wildlife trade operations, ensuring that they meet specific environmental standards and objectives. This particular declaration by Belinda Jago, as the Delegate of the Minister for the Environment and Water, modifies the conditions for the Commonwealth Northern Prawn Fishery to enhance data collection and monitoring strategies to better address ecological risks and data gaps.
Scope and Application
The declaration made under the Environment Protection and Biodiversity Conservation Act 1999 pertains to the Commonwealth Northern Prawn Fishery, which is managed under the Fisheries Management Act 1991 and the Fisheries Management Regulations 2019, with further guidelines provided by the Northern Prawn Fishery Management Plan 1995. This legislation applies to entities involved in the Northern Prawn Fishery, including the Australian Fisheries Management Authority, and regulates their conduct in relation to the fishery's environmental impact and biodiversity conservation. The jurisdictional reach of this Act is Commonwealth-wide, thereby extending its applicability across federal waters and territories under Australian jurisdiction. The Act does not specify any exclusions or exemptions but does outline conditions that must be met for operations within the fishery to be considered compliant. The application of this Act may be extended or restricted through subordinate instruments, such as regulations or management plans, which can be amended to reflect changes in scientific understanding or environmental priorities.
Key Provisions
The key operative sections of this legislation (F2025N00504) concern the variation of a declaration of an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303FT(7)(b) of the EPBC Act allows for the variation of a declaration regarding an approved wildlife trade operation. This declaration, originally made on 19 December 2023, relates to the Commonwealth Northern Prawn Fishery as defined by the Fisheries Management Act 1991 (Cth), Fisheries Management Regulations 2019 (Cth), and Northern Prawn Fishery Management Plan 1995 (Cth). The variation, dated 23 June 2025, alters a condition within the declaration concerning the review and data strategy of the Northern Prawn Fishery Scientific Observer program.
The obligations and requirements imposed by this Act include the necessity for the Australian Fisheries Management Authority to submit a new data strategy to the Department of Climate Change, Energy, the Environment and Water by 30 June 2026. This strategy must provide comprehensive information on how independent and fishery-dependent monitoring will be managed, how independent monitoring will be distributed across the fishery, and how these activities will be prioritised to address the fishery’s information needs, including the understanding of protected species interactions, filling known data gaps, and logbook validation.
In terms of potential breaches and consequences, the Act does not explicitly state any specific offences or penalties for non-compliance with the new requirements. However, non-compliance with conditions outlined in wildlife trade operation declarations under the EPBC Act could lead to broader legal consequences, including possible revocation of the approval of the trade operation, fines, or other enforcement actions under the EPBC Act or related legislation. Such actions would be taken by the relevant authorities to ensure compliance and protect the environmental values at stake.
For those affected by this decision, the Administrative Review Tribunal Act 2024 provides a mechanism to seek a statement of reasons for the decision and request independent review. An application for reasons can be made in writing to the Department of Climate Change, Energy, the Environment and Water within 28 days of the declaration, while an application for independent review can be submitted to the Administrative Review Tribunal, with the relevant fee, within 28 days of the declaration or, if reasons are sought, within 28 days of receiving those reasons. Further information can be obtained from the Director, Sustainable Fisheries Section, Department of Climate Change, Energy, the Environment and Water, via email at sustainablefisheries@dcceew.gov.au.