Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive and integrated approach to environmental protection and biodiversity conservation at the national level. This legislation was introduced by the Parliament of Australia to provide a framework for the protection and management of Australia’s biodiversity and its interactions with human activities, thereby filling a critical gap in environmental legislation by unifying and strengthening environmental protection laws. The policy objective behind the EPBC Act is to ensure that decisions about environmental matters are made in a way that safeguards Australia’s unique natural environment and promotes sustainable development. The declaration of the New South Wales Marine Vegetation Fishery as an approved wildlife trade operation under the EPBC Act, as demonstrated in the declaration by Belinda Jago, Branch Head, Ocean and Wildlife Branch, underscores the Act's role in regulating wildlife trade and ensuring it is conducted sustainably and without detriment to protected species.

Scope and Application

The declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the approval of wildlife trade operations conducted by the New South Wales Marine Vegetation Fishery, which is governed by the Fisheries Management Act 1994 and the Fisheries Management (General) Regulations 2019. This declaration specifically applies to the operations related to the harvesting of specimens derived from fish or invertebrates, excluding those belonging to taxa listed under section 209 (Australia’s List of Migratory Species), section 248 (Australia’s List of Marine Species), section 303BC (eligible listed threatened species), and section 303CA (Australia’s CITES List) of the EPBC Act. The declaration is effective until 7 April 2027 and is subject to conditions outlined in Schedule 1, including adherence to permit conditions under the Fisheries Management (General) Regulations 2019 and the Fisheries Management Act 1994, and the provision of annual reports by the New South Wales Department of Primary Industries. The geographical scope of this declaration is limited to the waters of New South Wales, and it does not extend to the Commonwealth or other states or territories. The Act allows for potential extensions or restrictions through subordinate instruments, which may include additional conditions or modifications to the operation.

Key Provisions

The main operative sections of this notifiable instrument (F2024N00293) involve the declaration of the New South Wales Marine Vegetation Fishery as an approved wildlife trade operation under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This declaration, made by Belinda Jago, Branch Head, Ocean and Wildlife Branch, on behalf of the Minister for the Environment and Water, allows for the harvesting of specimens derived from fish or invertebrates taken in the New South Wales Marine Vegetation Fishery, subject to certain exclusions. The operation is declared in accordance with subsection 303FN(2) and paragraph 303FN(10)(d) of the EPBC Act and is valid until 7 April 2027, subject to conditions specified in Schedule 1. The Act imposes several obligations on the parties involved. Firstly, the New South Wales Marine Vegetation Fishery must comply with the permit conditions under Clause 98A of the Fisheries Management (General) Regulations 2019 and the Fisheries Management Act 1994. Secondly, the New South Wales Department of Primary Industries (NSW DPI) must notify the Department of Climate Change, Energy, the Environment and Water (DCCEEW) of any material changes to the management arrangements of the fishery that may impact the ecological sustainability assessment. Additionally, NSW DPI must inform DCCEEW of any changes to fisheries legislation that may affect the relevant legislative instruments. Lastly, NSW DPI is required to submit annual reports on the fishery to DCCEEW by 30 September each year, following the guidelines set out in Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. For breaches of the conditions outlined in Schedule 1, the Act provides for civil and criminal consequences. Although the specific penalties are not detailed within the instrument, breaches of similar provisions under the EPBC Act generally incur penalties such as fines, imprisonment, or both. The maximum penalties may vary depending on the nature and severity of the breach, and are determined by the courts when adjudicating on cases of non-compliance. It is also important to note that individuals or entities affected by this declaration may seek a statement of reasons and independent review of the decision under the Administrative Appeals Tribunal Act 1975.