COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – NEW SOUTH WALES OCEAN TRAWL FISHERY, JUNE 2018
I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the New South Wales Department of Primary Industries 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 New South Wales Ocean Trawl Fishery as defined in the management regime in force under the Fisheries Management Act 1994 (NSW), the Fisheries Management (Supporting Plan) Regulation 2006 (NSW), the Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2006 (NSW), and the Fisheries Management (General) Regulation 2010 (NSW), 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)
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 2 July 2021 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 29th day of June 2018
Delegate of the Minister for the Environment and Energy
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 New South Wales Ocean Trawl Fishery as an approved wildlife trade operation, June 2018
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 New South Wales Ocean Trawl Fishery:
- Operation of the NSW Ocean Trawl Fishery will be carried out in accordance with the management regime in force under the Fisheries Management Act 1994 (NSW).
2. NSW Department of Primary Industries to inform the Department of the Environment and Energy of any intended material changes to the NSW Ocean Trawl Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
3. NSW Department of Primary Industries 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. NSW DPI to continue to develop and implement recovery programs for species taken in the NSW Ocean Trawl Fishery classified as recruitment overfished, overfished, and where appropriate, growth overfished.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act was introduced to address the need for a cohesive framework to protect and manage the environment, including wildlife, ecosystems, and heritage places. The EPBC Act is administered by the Parliament of Australia and its policy objective is to ensure the conservation and sustainable use of Australia's biodiversity and its ecological processes. In June 2018, a notifiable instrument was introduced under the Act to declare the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the New South Wales Ocean Trawl Fishery, as an approved wildlife trade operation. This declaration aims to ensure the operations are carried out in an ecologically sustainable manner and in accordance with the management regime set out in relevant New South Wales legislation. The declaration is subject to specific conditions and is valid until 2 July 2021, unless amended or revoked.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the declaration of approved wildlife trade operations, including those within the New South Wales Ocean Trawl Fishery, as evidenced by the recent declaration made in June 2018. This declaration applies to the harvesting of specimens derived from fish or invertebrates in the specified fishery, excluding those belonging to eligible listed threatened species or taxa listed under Australia's CITES list. The declaration, issued under section 303FN of the EPBC Act, is valid until 2 July 2021 and is subject to specific conditions outlined in the Schedule, such as adherence to the management regime under relevant New South Wales fisheries legislation and the provision of annual reports to the Department of the Environment and Energy. The declaration extends to all entities involved in the trawl fishery operations within the Commonwealth of Australia, ensuring compliance with environmental protection and biodiversity conservation standards.
Key Provisions
The key operative sections of this legislation are sections 303FN, 303FT, and 303FR of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303FN outlines the criteria and conditions for the declaration of a wildlife trade operation as approved, requiring the delegate to consider public comments and advice on ecological sustainability (section 303FN(1) and (2)). Section 303FR mandates the consideration of public comments on the proposal (section 303FR). Section 303FT details the additional provisions and conditions that may be applied to the approved operation (section 303FT). This declaration applies to the harvesting of specimens from the New South Wales Ocean Trawl Fishery, excluding those belonging to eligible listed threatened species or taxa listed under Australia’s CITES list.
The obligations imposed by this Act on the parties involved include adherence to the management regime established under the Fisheries Management Act 1994 (NSW) and related regulations. The New South Wales Department of Primary Industries must inform the Department of the Environment and Energy of any significant changes to the management arrangements of the fishery (section 303FT(2)). Additionally, the NSW Department of Primary Industries is required to submit annual reports to the Department of the Environment and Energy as per the Guidelines for the Ecologically Sustainable Management of Fisheries (section 303FT(3)). They must also continue to develop and implement recovery programs for overfished species (section 303FT(4)).
Failure to comply with the conditions specified in the declaration or the requirements of the EPBC Act may result in various civil and criminal consequences. While the specific penalties are not detailed in this text, breaches of the EPBC Act can generally lead to substantial fines and, in some cases, imprisonment. The maximum penalties for contravening the EPBC Act can vary depending on the nature and severity of the offence, with fines potentially reaching hundreds of thousands of dollars and imprisonment terms extending up to several years for serious violations. It is important for the parties involved to ensure strict compliance with the Act to avoid these potential consequences.