Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION –NORTH WEST SLOPE TRAWL FISHERY AND WESTERN DEEPWATER TRAWL FISHERY, JUNE 2022
I, ADAM SINCOCK, Principal Director, Wildlife Trade Office, as Delegate of the Minister for the Environment, 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 15 December 2020 for the Commonwealth North West Slope Trawl Fishery and Western Deepwater Trawl Fishery, as defined in the Western Trawl Fisheries Statement of Management Arrangements 2012 in force under the Fisheries Management Act 1991 (Cth) and the Fisheries Management Regulations 2019 (Cth), such that the condition specified in the Schedule to that declaration is varied as follows:
In Condition 5, delete the words
“The Australian Fisheries Management Authority must:
a) provide the Department of Agriculture Water and the Environment with revised harvest strategies for the North West Slope and Western Deepwater Trawl fisheries by 30 June 2022. The harvest strategy must include measurable and timebound management actions; and
b) ensure that the fisheries’ triggers and management actions identified in the harvest strategy are implemented by 30 June 2023.
In the case of increased fishing effort (twice the historic high), the harvest strategy must be reviewed immediately.
Harvest strategy performance must be reported as part of the requirements specified in Condition 4 above.”
and replace with the words
“The Australian Fisheries Management Authority must:
a) provide the Department of Agriculture Water and the Environment with revised harvest strategies for the North West Slope and Western Deepwater Trawl fisheries by 1 December 2022. The harvest strategy must include measurable and timebound management actions; and
b) ensure that the fisheries’ triggers and management actions identified in the harvest strategy are implemented by 30 June 2023.
In the case of increased fishing effort (twice the historic high), the harvest strategy must be reviewed immediately.
Harvest strategy performance must be reported as part of the requirements specified in Condition 4 above.”
Dated this 28 day of June 2022
Adam Sincock
………….…….………………….........
Delegate of the Minister for the Environment
Notes:
1. Under the Administrative Appeals Tribunal Act 1975, 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 Agriculture, Water and the Environment within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Appeals 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 Agriculture, Water and the Environment, Email: sustainablefisheries@environment.gov.au.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation across Australia. This Act establishes a framework for the protection of the environment and the conservation of biodiversity, including the regulation of activities that have, or are likely to have, a significant impact on the environment. The Act was introduced by the Parliament of Australia to ensure that environmental protection is integrated into decision-making processes. In this context, the policy objective is to safeguard Australia’s unique biodiversity and ecosystems from the adverse effects of human activities, ensuring sustainable use of natural resources. The legislative amendment in June 2022, as declared by Adam Sincock, Principal Director, Wildlife Trade Office, acting as Delegate of the Minister for the Environment, modifies the approved wildlife trade operation for the Commonwealth North West Slope Trawl Fishery and Western Deepwater Trawl Fishery. This modification aims to ensure that the fisheries adhere to updated management strategies and performance reporting requirements.
Scope and Application
The declaration issued under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains specifically to the North West Slope Trawl Fishery and Western Deepwater Trawl Fishery, which are managed under the Fisheries Management Act 1991 and the Fisheries Management Regulations 2019. This Act applies to the Australian Fisheries Management Authority, which is responsible for implementing the revised harvest strategies and management actions for these fisheries. The geographic scope of this legislation is national, as it involves fisheries managed under Commonwealth legislation. The declaration does not explicitly state any exclusions or exemptions, but it does specify a condition related to the timely provision and implementation of harvest strategies, with particular attention to increased fishing effort. The application of this Act may be further extended or restricted through subordinate instruments, which would detail specific operational aspects and compliance requirements for the fisheries involved.
Key Provisions
The main operative sections of the instrument (F2022N00149) vary the declaration of an approved wildlife trade operation for the North West Slope Trawl Fishery and Western Deepwater Trawl Fishery. Specifically, it modifies Condition 5 of the declaration (section 303FT(7)(b) of the EPBC Act), which pertains to the timeframe for the Australian Fisheries Management Authority (AFMA) to provide revised harvest strategies. Initially, AFMA was required to provide these strategies by 30 June 2022. The variation extends this deadline to 1 December 2022, while the implementation deadline for the fisheries' triggers and management actions remains at 30 June 2023. Furthermore, the requirement for immediate review of the harvest strategy in the event of increased fishing effort (twice the historic high) and the reporting of harvest strategy performance remain unchanged.
The obligations imposed by this Act on the relevant parties, primarily AFMA, include the timely submission of revised harvest strategies by 1 December 2022. These strategies must be detailed, incorporating measurable and timebound management actions that address the conservation and sustainable use of the fisheries. AFMA must also ensure that the triggers and management actions identified in the harvest strategies are implemented by 30 June 2023. Additionally, the requirement to review the harvest strategy immediately if there is a significant increase in fishing effort remains in place. Finally, AFMA is obligated to report on the performance of the harvest strategies as part of the broader reporting requirements outlined in Condition 4.
In terms of offences, penalties, or consequences for breach, the legislation does not explicitly state penalties for non-compliance with the modified declaration. However, failure to adhere to the revised timeframes or to implement the required management actions could potentially lead to enforcement actions under the EPBC Act or other relevant legislation. Non-compliance might also result in administrative actions, such as the issuance of directives, fines, or other corrective measures by the relevant authorities. Additionally, parties affected by the decision can seek a statement of reasons or an independent review through the Administrative Appeals Tribunal, as provided under the Administrative Appeals Tribunal Act 1975.