Declaration of an Approved Wildlife Trade Operation – New South Wales Ocean Trap and Line Fishery, November 2025

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, by regulating activities that have, or are likely to have, a significant impact on the environment. The Act was introduced to address the problem of biodiversity loss and environmental degradation, providing a framework for the protection of Australia's unique flora and fauna, ecosystems, and World Heritage properties. The policy objective of the Act is to ensure that environmental considerations are integrated into decision-making processes, particularly in relation to the assessment and approval of activities that may impact the environment. The Act is administered by the Parliament of Australia, which has the authority to enact legislation and regulate activities that have a significant environmental impact. The EPBC Act plays a crucial role in ensuring the sustainable use and conservation of Australia's natural resources, while balancing the needs of economic development and social well-being.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any wildlife trade operations, including the New South Wales Ocean Trap and Line Fishery, as regulated under the Fisheries Management Act 1994 and associated regulations. This legislation ensures that specific fisheries comply with environmental protection standards and biodiversity conservation measures, encompassing the obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act's reach extends across the Commonwealth of Australia, but its application here is specifically focused on the New South Wales Ocean Trap and Line Fishery. The declared variation pertains to the timeframes and conditions under which certain stock management strategies must be developed and published by the New South Wales Department of Primary Industries and Regional Development. The legislation includes provisions for adjustments through subordinate instruments, ensuring flexibility in meeting environmental protection and conservation objectives.

Key Provisions

The notifiable instrument in question modifies the declaration of an approved wildlife trade operation for the New South Wales Ocean Trap and Line Fishery, previously outlined in the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, it varies the conditions set forth in the declaration made on 30 September 2024, as per section 303FT(7)(b) of the EPBC Act. This variation pertains to the timing and scope of certain management activities regarding specific fish stocks. For example, Condition 5 of the declaration now requires the New South Wales Department of Primary Industries and Regional Development to finalise and publish a harvest strategy for mulloway stocks by 31 July 2026, and for yellow tail kingfish and snapper stocks by 1 December 2026, instead of the previous dates. Additionally, Condition 6 now requires the development and publication of a formal rebuilding strategy for grey morwong stocks by 30 June 2026. The obligations imposed by this notifiable instrument primarily pertain to the New South Wales Department of Primary Industries and Regional Development, which is tasked with developing and publishing specific strategies within the amended timeframes. These strategies are crucial for the sustainable management of marine resources, ensuring that fish stocks are harvested in a manner that allows them to recover and remain viable for future generations. The act of publishing these strategies for public comment, as required, also ensures transparency and stakeholder engagement in the decision-making process. In the event of non-compliance with the obligations set forth in this notifiable instrument, there may be legal consequences, although specific penalties are not detailed in the text provided. Under the EPBC Act, breaches of the Act or its regulations can lead to both civil and criminal penalties, depending on the nature and severity of the breach. For instance, offences under the Act can result in substantial fines, with the exact penalties varying based on the specific provisions violated and the circumstances of the offence. In cases of serious or repeated non-compliance, individuals or entities may also face legal action, including potential imprisonment. For those whose interests are affected by this decision, there is a provision under the Administrative Review Tribunal Act 2024 to apply for a statement of reasons and for independent review of the decision. Such applications must be made within 28 days of the date of the declaration, either to the Department of Climate Change, Energy, the Environment and Water for reasons or to the Administrative Review Tribunal for review, upon payment of the relevant fee. This ensures that stakeholders have a mechanism to seek clarification or challenge the decision if they believe it adversely affects their interests.