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 actions that have, will have, or might have a significant impact on the environment. The Act was introduced to address the need for a comprehensive framework to manage environmental protection at a national level, ensuring that economic development and environmental sustainability go hand in hand. The Parliament of Australia enacted this legislation to establish a robust system for the assessment and management of activities that could potentially harm the environment. The policy objective of the EPBC Act is to conserve biodiversity and manage environmental impacts through the regulation of activities that could significantly affect the environment, particularly focusing on preserving species and ecological communities of national importance. The Act aims to ensure that development and environmental protection are balanced, facilitating sustainable practices that safeguard the environment for future generations. In December 2017, the Australian Fisheries Management Authority applied for the declaration of the North West Slope and Western Deepwater Trawl Fisheries as an approved wildlife trade operation under the EPBC Act. Following a review of the ecological sustainability of the operation and relevant advice, Ilse Kiessling, as Delegate of the Minister for the Environment and Energy, declared the specified fishing operations to be an approved wildlife trade operation. This declaration, effective until December 2020, is subject to specific conditions aimed at ensuring the sustainable management of the fisheries, including adherence to existing management arrangements, reporting requirements, and the implementation of ecological risk assessments and management strategies. This decision allows for the continuation of these fisheries operations under strict environmental safeguards, as outlined in the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operations of the Commonwealth North West Slope and Western Deepwater Trawl Fisheries concerning the harvesting of specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act (other than conservation dependent species) and taxa listed under section 303CA of the EPBC Act (Australia’s CITES list). This declaration, issued by the Delegate of the Minister for the Environment and Energy, recognises these specific fisheries operations as an approved wildlife trade operation under the EPBC Act, effective until 18 December 2020, unless amended or revoked. The declaration is subject to conditions outlined in the Schedule, including adherence to the management arrangements under the Fisheries Management Act 1991 and the Fisheries Management Regulations 1992, as well as the requirement for the Australian Fisheries Management Authority to report annually on the ecological sustainability of the fisheries. The authority must also ensure that ecological risk assessments and management strategies are updated and implemented, with specific, measurable, time-bound triggers and limits to manage ecological effects. This declaration, while specific to these fisheries, allows for broader application through the use of subordinate instruments, which may extend or further detail the conditions and requirements of the approved wildlife trade operation.

Key Provisions

The main operative sections of the declaration include the approval of wildlife trade operations for the North West Slope and Western Deepwater Trawl Fisheries under section 303FN(2) and paragraph 303FN(10)(d) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This declaration specifies that the operations for the harvesting of fish and invertebrate specimens, excluding those belonging to species listed under Part 13 of the EPBC Act (except conservation dependent species) and taxa listed under section 303CA (Australia’s CITES list), are approved for the purposes of the EPBC Act. The declaration is valid until 18 December 2020 and is subject to the conditions specified in the Schedule, which includes the operation of the fisheries under relevant management arrangements, reporting requirements, and the implementation of ecological risk assessments and management strategies. The obligations and requirements imposed by the Act on the parties involved include adherence to the management arrangements under the Fisheries Management Act 1991 and the Fisheries Management Regulations 1992. The Australian Fisheries Management Authority (AFMA) must inform the Department of the Environment and Energy of any intended material changes to the fisheries management arrangements. AFMA is also required to produce annual reports and ensure that ecological risk assessments and management strategies are reviewed, updated, and implemented. Additionally, AFMA must ensure that the harvest strategy for the North West Slope and Western Deepwater Trawl fisheries includes specific, measurable, time-bound triggers and limits to manage the ecological effects of fishing, monitor the fisheries' performance, and undertake triggered management actions within specified timeframes. Any breach of the conditions set out in the Schedule may result in civil or criminal consequences. Although the specific penalties for breaches are not detailed in the declaration, the EPBC Act provides for various penalties for non-compliance, including fines and imprisonment. The severity of the penalties depends on the nature and extent of the breach, and the courts have the authority to impose penalties that reflect the seriousness of the offence. Furthermore, the declaration allows for an application to the Administrative Appeals Tribunal for an independent review of the decision within 28 days of receipt of the reasons for the decision or within 28 days of the declaration if reasons are not sought. Additionally, affected persons may apply in writing to the Department of the Environment and Energy for reasons for the decision within 28 days.