Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH NORTHERN PRAWN FISHERY, FEBRUARY 2025
I, LEE GEORGESON, A/g Director, Sustainable Fisheries Section, 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 6, delete the words
“By 15 December 2024, the Australian Fisheries Management Authority must complete a trial of electronic monitoring in the Commonwealth Northern Prawn Fishery. This should assess the potential practicalities, costs, and benefits of introducing electronic monitoring in the fishery, with a view to informing a final decision on whether to implement a long-term electronic monitoring program in the fishery.”
and replace with the words
“The Australian Fisheries Management Authority must:
- By 15 December 2024, complete a trial of electronic monitoring in the Commonwealth Northern Prawn Fishery.
- By 15 December 2025, complete an assessment of the potential practicalities, costs, and benefits of introducing electronic monitoring in the fishery, with a view to informing a final decision on whether to implement a long-term electronic monitoring program in the fishery.”
Dated this 12th day of February 2025
Lee Georgeson
………….…….……………………….........
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 address the need for comprehensive protection of the environment, particularly in relation to biodiversity and the management of wildlife trade. The Act provides a framework for the protection of matters of national environmental significance by regulating activities that have, or might have, a significant impact on the environment. One of the mechanisms under the Act is the declaration of approved wildlife trade operations, which aims to ensure that such operations do not adversely impact protected species or ecological communities. The Act was introduced by the Australian Parliament to provide a coordinated approach to environmental protection across federal jurisdictions, ensuring that critical environmental values are preserved and managed sustainably.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities and entities that may impact on matters of national environmental significance, including wildlife trade operations. In this case, the Act applies specifically to the Commonwealth Northern Prawn Fishery, governed by the Fisheries Management Act 1991 (Cth) and its regulations and management plan. The legislation is designed to protect biodiversity and manage the environmental impacts of fisheries operations within Australia’s jurisdiction, ensuring that these activities are conducted in a sustainable manner. The Act extends its reach to any entity or person involved in the management and operation of the fishery, including the Australian Fisheries Management Authority, which is tasked with conducting trials and assessments related to electronic monitoring as specified in the Act’s conditions. The geographic scope of this application is national, as it pertains to the management of fisheries within Australian waters. The declaration itself does not explicitly state exclusions, exemptions, or thresholds, but it does specify conditions that must be met, such as the completion of electronic monitoring trials and assessments within given timelines. Subordinate instruments may further detail the implementation of these conditions and provide additional regulatory guidance.
Key Provisions
The main operative sections of the Notifiable Instrument F2025N00128 pertain to the alteration of the declaration concerning an approved wildlife trade operation for the Commonwealth Northern Prawn Fishery (section 1). Specifically, it modifies the condition outlined in the Schedule to this declaration, which originally required the Australian Fisheries Management Authority to complete a trial of electronic monitoring by a certain date and assess its potentialities, costs, and benefits to inform a decision about implementing a long-term program (section 2). The variation now mandates the Authority to not only complete the trial of electronic monitoring by 15 December 2024 but also to complete an assessment of the trial’s potentialities, costs, and benefits by 15 December 2025 (section 3).
This Act imposes obligations on the Australian Fisheries Management Authority to ensure that both the trial of electronic monitoring and the subsequent assessment are carried out within the specified timelines. The Authority must complete the trial of electronic monitoring by 15 December 2024 and must also complete an assessment of the potentialities, costs, and benefits of introducing electronic monitoring by 15 December 2025. Failure to adhere to these deadlines could result in non-compliance with the conditions set out in the declaration of the approved wildlife trade operation (section 4).
In terms of potential breaches of this legislation, there are no specific offences, penalties, or civil/criminal consequences outlined in the Notifiable Instrument itself. However, it is worth noting that any failure to comply with the conditions set out in the declaration of an approved wildlife trade operation could result in enforcement actions under the EPBC Act. These actions could include fines, legal proceedings, or other measures to ensure compliance with environmental protection and biodiversity conservation laws (section 5). It is important for the Authority to adhere strictly to the deadlines to avoid any potential repercussions under the broader legislative framework.