Declaration of an Approved Wildlife Trade Operation - New South Wales Sea Urchin and Turban Shell Restricted Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the nation's biodiversity, and the conservation of Australia's native species and ecosystems. This legislation fills the gap in environmental protection by offering a comprehensive framework for the conservation of biodiversity, including wildlife trade, and aims to achieve ecological sustainability. The Act was introduced by the Commonwealth Parliament, with a clear policy objective of integrating environmental considerations into decision-making processes, particularly those that may affect biodiversity. The declaration of the approved wildlife trade operation for the New South Wales Sea Urchin and Turban Shell Restricted Fishery under this Act ensures that the harvesting of specimens derived from fish or invertebrates complies with ecological sustainability standards, thereby maintaining the ecological balance and protecting the biodiversity of the region.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to various persons, entities, and activities that may impact environmental protection and biodiversity conservation in Australia. Specifically, the declaration of an approved wildlife trade operation under this Act pertains to the operations involved in the harvesting of specimens that are, or are derived from, fish or invertebrates, excluding those species listed under Part 13 of the Act. In this instance, the declaration focuses on the operations within the New South Wales Sea Urchin and Turban Shell Restricted Fishery, as defined under the New South Wales Fisheries Management Act 1994 and its associated regulations. This declaration is geographically limited to New South Wales and is subject to the conditions specified in the Schedule. The Act extends its application through subordinate instruments, ensuring that the operations comply with both state and federal regulations. The declaration remains valid until 25 October 2018, unless amended or revoked earlier, and is subject to the additional provisions outlined in the Schedule, which include requirements for reporting and monitoring to ensure ecological sustainability.

Key Provisions

The key provisions of this declaration involve the approval of the New South Wales Sea Urchin and Turban Shell Restricted Fishery operations as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303FN). This declaration is valid until 25 October 2018 and is subject to the conditions specified in the Schedule. These conditions include compliance with the management regime under the NSW Fisheries Management Act 1994 and the NSW Fisheries Management (General) Regulations 2010 (Schedule, clause 1). Additionally, the New South Wales Department of Primary Industries must inform the Department of the Environment of any material changes to the fishery management arrangements (Schedule, clause 2). Annual reporting requirements are also stipulated, as the NSW Department of Primary Industries must produce and present reports according to Appendix B of the Guidelines for the Ecological Sustainable Management of Fisheries - 2nd Edition (Schedule, clause 3). The NSW Department of Primary Industries is also required to develop precautionary fishery-specific objectives linked to performance indicators and performance measures for the target species, including triggers for detecting any expansion of the fishery (Schedule, clause 4). Furthermore, the department must continue to improve the understanding of the stock status of red sea urchins, develop measures to better monitor and assess the potential for overfishing, and implement appropriate management measures to mitigate the risk of overfishing or localised depletion of red sea urchins (Schedule, clause 5). The obligations imposed by this declaration on the parties involved are primarily administrative and reporting requirements. The New South Wales Department of Primary Industries must ensure that all operations within the fishery comply with the specified management regime (Schedule, clause 1). They must also notify the Department of the Environment of any significant changes to the fishery's management arrangements (Schedule, clause 2). Annual reporting is mandatory, with specific guidelines provided in Appendix B of the Guidelines for the Ecological Sustainable Management of Fisheries - 2nd Edition (Schedule, clause 3). The development of precautionary fishery-specific objectives, performance indicators, and measures to monitor and mitigate overfishing is another significant obligation (Schedule, clause 4). Additionally, the department must undertake ongoing research and management efforts to improve the understanding of red sea urchin stock status and to develop measures to prevent overfishing (Schedule, clause 5). Breaches of the obligations and conditions specified in this declaration may lead to civil and criminal consequences. While the specific penalties are not detailed in the declaration, breaches of the EPBC Act can result in substantial fines and potential imprisonment. The EPBC Act provides for maximum penalties that can include fines of up to $66,000 for individuals and up to $330,000 for corporations for certain offences. In more serious cases, imprisonment terms may apply, with maximum penalties potentially reaching up to five years for individuals and ten years for corporations. Furthermore, the declaration allows for independent review by the Administrative Appeals Tribunal (AAT) if any party feels aggrieved by the decision, providing an additional layer of accountability and recourse.