Declaration of an Approved Wildlife Trade Operation – Commonwealth Southern and Eastern Scalefish and Shark Fishery, February 2019

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2019N00016 Not in force Notifiable Instrument

Legislation content

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

Declaration of an Approved Wildlife Trade Operation – Commonwealth Southern and Eastern Scalefish and Shark Fishery, February 2019

 

I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Australian Fisheries Management Authority, public comments on the proposal as required under section 303FR and advice on the ecological sustainability of the operation. I am satisfied on those matters specified in section 303FN of the EPBC Act. I hereby declare the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the Southern and Eastern Scalefish and Shark Fishery as defined in the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 in force under the Fisheries Management Act 1991 (Cth) and Fisheries Management Regulations 1992 (Cth), 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) except for Scalloped Hammerhead (Sphyrna lewini), Smooth Hammerhead (S. zygaena), and Great Hammerhead (S. mokarran) sharks

to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d), for the purposes of the EPBC Act.

 

Unless amended or revoked, this declaration:

a)              is valid until 12 February 2022 and;

b)             is subject to the conditions applied under section 303FT specified in the Schedule.

 

 

Dated this 14th day of  February  2019

 

 

Signed

 

………….……Paul Murphy………………

Delegate of the Minister for the Environment

 

A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy for the reasons for the decision.

 

An application for independent review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee by the applicant, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT’s website at http://www.aat.gov.au/ for further information.

 

You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. For further information, please visit http://www.environment.gov.au/foi/index.html.

 

Further enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.


SCHEDULE

 

Declaration of the harvest operations of the Commonwealth Southern and Eastern Scalefish and Shark Fishery as an approved wildlife trade operation, February 2019

 

Additional Provisions (section 303FT)

 

Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the Commonwealth Southern and Eastern Scalefish and Shark Fishery:

 

  1.    Operation of the Commonwealth Southern and Eastern Scalefish and Shark Fishery will be carried out in accordance with the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 in force under the Fisheries Management Act 1991 (Cth).

 

2.       The Australian Fisheries Management Authority to inform the Department of the Environment and Energy of any intended material changes to the Commonwealth Southern and Eastern Scalefish and Shark Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

 

3.       The Australian Fisheries Management Authority to produce and present reports to the Department of the Environment and Energy annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

 

4.       AFMA to:

a) ensure that management measures are in place to meet the objectives of the rebuilding strategies and management strategies for species listed as conservation dependent under the EPBC Act, and

b) continue to evaluate and report to the Department on the effectiveness of rebuilding strategies and management strategies for conservation dependent listed species.

 

5.       AFMA to:

a) continue regular reviews of ecological risk assessments in the fishery, ensuring that the cumulative impact of all Commonwealth commercial fisheries in the area is taken into account, and

b) implement management actions to address and mitigate risks and impacts for species that are identified as high risk., including data collection for species that are assessed as high risk because of missing information.

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a pivotal piece of legislation aimed at protecting Australia's environment, including its wildlife and biodiversity, from significant impacts. The Act was enacted to address the need for a comprehensive framework to manage and conserve Australia's natural resources, ensuring that development and activities do not compromise the country's ecological integrity. The Commonwealth Parliament established this Act with a policy objective to integrate environmental considerations into decision-making processes and to provide mechanisms for the protection and sustainable use of Australia's biodiversity. This legislative framework facilitates the declaration of approved wildlife trade operations, such as the Commonwealth Southern and Eastern Scalefish and Shark Fishery, which are deemed to have minimal adverse environmental impacts when managed under specific conditions. Such declarations ensure that the operations comply with ecological sustainability standards set forth in the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the Commonwealth Southern and Eastern Scalefish and Shark Fishery, providing a framework for the assessment and management of biodiversity and ecological impacts associated with the fishing operations within the specified fishery. The declaration of the operations as an approved wildlife trade operation under section 303FN of the EPBC Act ensures that the harvesting activities comply with the ecological sustainability requirements, excluding specimens of listed threatened species and taxa under Australia’s CITES list, except for certain hammerhead sharks. This declaration is applicable nationally, administered by the Australian Fisheries Management Authority, and is subject to specific conditions outlined in the Schedule to ensure ongoing compliance and reporting to the Department of the Environment and Energy. The declaration is valid until February 2022 and can be reviewed or challenged by affected persons or entities within 28 days of the decision through the Administrative Appeals Tribunal or the Department of the Environment and Energy.

Key Provisions

The key provisions of the declaration establish the operations for the harvesting of specimens that are, or are derived from, fish or invertebrates, taken in the Commonwealth Southern and Eastern Scalefish and Shark Fishery, as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This applies to specimens taken in accordance with the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003, except for specimens belonging to eligible listed threatened species or taxa listed under Australia’s CITES list, with specific exceptions for certain hammerhead sharks (sections 303FN, 303BC, 303CA). The declaration is valid until 12 February 2022, subject to conditions specified in the Schedule (section 303FT). These conditions require the Australian Fisheries Management Authority (AFMA) to operate the fishery in line with the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 and inform the Department of the Environment and Energy of any material changes to the management arrangements that may affect the assessment against which EPBC Act decisions are made (Schedule, clauses 1 and 2). The obligations and requirements imposed on the parties governed by this Act include adherence to the specified management plan, notifying the Department of any significant changes to the fishery management arrangements, and producing annual reports as per the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. AFMA must also implement and maintain management measures to meet the objectives of the rebuilding strategies and management strategies for species listed as conservation dependent under the EPBC Act, and regularly review ecological risk assessments, implementing actions to mitigate identified risks and impacts (Schedule, clauses 3-5). Breaches of the conditions specified in the Schedule may result in civil or criminal consequences. While specific penalties are not detailed in the declaration, breaches of the EPBC Act can lead to substantial penalties. For example, the Act provides for penalties including fines of up to $1.1 million for individuals and $5.5 million for bodies corporate, as well as potential imprisonment terms. Additionally, any illegal wildlife trade activities may be subject to further sanctions under other relevant legislation, such as the Customs Act 1901. The exact penalties would depend on the specific breach and the relevant provisions of the applicable laws.

Legal classification tags

Area of Law
Environmental Law
Instrument
Notifiable instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.