Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – NEW SOUTH WALES OCEAN TRAWL FISHERY, NOVEMBER 2025
I, Belinda Jago, Branch Head, Ocean and Wildlife, 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 30 September 2024 for the New South Wales Ocean Trawl Fishery as defined in the management regime in force under the:
- Fisheries Management Act 1994 (NSW)
- Fisheries Management (General) Regulation 2019 (NSW)
- Fisheries Management (Supporting Plan) Regulation 2006 (NSW)
- Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2006 (NSW)
such that the condition specified in Schedule 1 to that declaration is varied as follows:
In Condition 6, delete the words:
By 1 December 2025, the New South Wales Department of Primary Industries and Regional Development must develop and publish a formal rebuilding strategy for grey morwong stocks.
and replace with the words
By 30 June 2026, the New South Wales Department of Primary Industries and Regional Development must develop and publish a formal rebuilding strategy for grey morwong stocks.
Dated this 31st day of October 2025
SIGNED
………….…….……………………….........
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.
- Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non-detriment finding for that species. Further information is available from https://www.dcceew.gov.au/environment/wildlife-trade/cites.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This legislation was introduced to address the need for a comprehensive framework to manage and conserve Australia’s biodiversity and environment, including wildlife trade operations. The Act empowers the Minister for the Environment and Water to delegate specific functions, such as the approval of wildlife trade operations, to authorised officials. This delegated authority was exercised in the declaration concerning the New South Wales Ocean Trawl Fishery, which aims to ensure that the trade in wildlife does not detrimentally impact threatened species and their habitats. The policy objective of the Act is to maintain and enhance Australia’s environmental assets, including wildlife populations, while facilitating sustainable use and trade.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to entities engaged in activities that may impact on matters of national environmental significance, including wildlife trade operations. This legislation, through its various declarations and management regimes, ensures that activities such as the New South Wales Ocean Trawl Fishery are conducted in a manner that aligns with both national and international environmental standards. The Act has jurisdiction over Commonwealth, state, and territory boundaries, ensuring a cohesive approach to environmental protection across Australia. However, specific exclusions and exemptions are determined through subordinate instruments, such as the management plans and regulations referenced for the New South Wales Ocean Trawl Fishery, which detail allowable practices and conditions. The recent variation of the approved wildlife trade operation for the fishery, concerning the development of a rebuilding strategy for grey morwong stocks, demonstrates the Act's flexibility in addressing emerging environmental concerns while maintaining compliance with international agreements like CITES. This variation extends the deadline for developing the strategy, reflecting a considered approach to fisheries management and sustainability.
Key Provisions
The main operative sections of the declaration (paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999) involve a modification to the existing conditions set for the New South Wales Ocean Trawl Fishery. Specifically, Condition 6 of the approved wildlife trade operation declaration, which pertains to the development and publication of a formal rebuilding strategy for grey morwong stocks by the New South Wales Department of Primary Industries and Regional Development, has been altered. The original deadline of 1 December 2025 has been extended to 30 June 2026. This change is effective from the date of the declaration, 31 October 2025.
The obligations imposed by this legislation on the parties governed include the requirement for the New South Wales Department of Primary Industries and Regional Development to develop and publish a formal rebuilding strategy for grey morwong stocks by the new deadline of 30 June 2026. This obligation is a direct result of the variation to the approved wildlife trade operation declaration and is intended to ensure that the fishery adheres to the updated conditions set forth by the Minister for the Environment and Water.
In terms of the consequences for breach, the legislation does not explicitly outline penalties or consequences for non-compliance with the modified conditions. However, given the regulatory framework within which this variation operates, non-compliance could potentially lead to enforcement actions under the EPBC Act or other relevant legislation. This might include administrative penalties, orders for rectification, or even revocation of the approved wildlife trade operation status. The exact consequences would depend on the specific nature and severity of the non-compliance, as well as any additional directives or rulings made by the relevant authorities.