Declaration of an Approved Wildlife Trade Operation - NSW Southern Cross Botanicals Beach-cast Sea Kelp Fishery, February 2020

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a key piece of legislation in Australia that aims to protect and conserve the nation's biodiversity and manage activities that may have a significant impact on the environment. Enacted by the Australian Parliament, the EPBC Act addresses the problem of environmental degradation and biodiversity loss by regulating activities that could affect nationally and internationally significant flora, fauna, ecological communities, and heritage places. The Act also seeks to protect Australia's migratory species and manage the international trade of wildlife and derivatives. The policy objective of the EPBC Act is to ensure that decisions about the environment are made in a transparent and accountable manner, taking into account the potential impacts on the environment and the community. This is achieved through a comprehensive framework that includes assessment and approval processes, as well as monitoring and enforcement mechanisms. The Act empowers the Minister for the Environment to make decisions and declarations, such as the approval of wildlife trade operations, to ensure compliance with the Act's objectives. In this context, the declaration of an approved wildlife trade operation for the New South Wales Southern Cross Botanicals Beach-cast Sea Kelp Fishery aims to regulate and monitor the harvesting of marine vegetation, ensuring it does not negatively impact protected species or the environment. The EPBC Act establishes a system for assessing and approving activities that may have a significant impact on the environment, including wildlife trade operations. The Act's framework includes provisions for the assessment and approval of activities, the imposition of conditions to mitigate potential impacts, and the establishment of monitoring and enforcement mechanisms. The declaration of an approved wildlife trade operation for the NSW Southern Cross Botanicals Beach-cast Sea Kelp Fishery under the EPBC Act demonstrates the application of this framework in practice. The declaration ensures that the fishery's operations comply with the Act's objectives and are carried out in a manner that minimises potential impacts on protected species and the environment. By imposing specific conditions on the operation, such as adherence to the management regime under the Fisheries Management Act 1994 (NSW) and reporting requirements, the declaration aims to promote sustainable and responsible practices in the fishery. This, in turn, contributes to the overall goal of the EPBC Act, which is to protect and conserve Australia's environment and biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the approval of wildlife trade operations through various instruments, including declarations. This specific declaration applies to Southern Cross Botanicals, an entity engaged in the harvesting of marine vegetation, specifically beach-cast Sea Kelp, in the New South Wales Southern Cross Botanicals Beach-cast Sea Kelp Fishery. The declaration delineates the operation as an approved wildlife trade under the EPBC Act, subject to certain exclusions and conditions. It excludes specimens belonging to taxa listed under sections 209, 248, 303BC, and 303CA of the EPBC Act, which pertain to Australia's List of Migratory Species, List of Marine Species, eligible listed threatened species, and Australia's CITES List, respectively. The declaration is valid until 7 April 2023, and it incorporates specific conditions aimed at ensuring compliance with the fisheries management regime and reporting requirements, thus extending its application through these stipulated conditions.

Key Provisions

The main operative sections of this notifiable instrument declare the operations for the harvesting of marine vegetation specimens, excluding certain listed species, under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) as an approved wildlife trade operation. This declaration is specific to the NSW Southern Cross Botanicals Beach-cast Sea Kelp Fishery, and it identifies the types of specimens involved and the exclusions based on the EPBC Act, including migratory, marine, threatened, and CITES-listed species (sections 209, 248, 303BC, and 303CA). The declaration is effective from the date of publication until 7th April 2023, unless amended or revoked, and it is subject to the conditions outlined in the Schedule (subsection 303FN(2) and paragraph 303FN(10)(d)). The obligations imposed by this declaration on Southern Cross Botanicals include adherence to the NSW Fisheries Management Act 1994 and associated regulations, compliance with the specified management regime for the fishery, and the requirement to inform the Department of Agriculture, Water and the Environment of any significant changes to the management arrangements. Additionally, Southern Cross Botanicals must submit an annual report by 1st May each year detailing the dates, species, locations, methods of harvest, and quantities of Sea Kelp received, along with copies of relevant permits and any interactions with the EPBC Act listed shorebird, the Hooded Plover (eastern) (Thinornis rubricollis rubricollis), and the measures taken to mitigate impacts on this species (section 303FT). Breaches of the conditions outlined in the declaration may lead to various consequences, including civil or criminal penalties under the EPBC Act, depending on the nature and severity of the breach. While the specific maximum penalties are not stated in this declaration, they could include fines or imprisonment as stipulated by the EPBC Act for violations related to wildlife trade operations and biodiversity conservation. The declaration also allows for review by the Administrative Appeals Tribunal and provides avenues for seeking reasons for the decision or accessing relevant documents under the Freedom of Information Act 1982.