Declaration of an Approved Wildlife Trade Operation – Queensland East Coast Otter Trawl Fishery, June 2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the problem of biodiversity loss and environmental degradation, providing a comprehensive framework for the protection of Australia's unique flora and fauna, as well as ecosystems of national and global significance. This legislation was introduced by the Parliament of Australia, with a policy objective to integrate environmental protection considerations into decision-making processes at both federal and state levels. The Act seeks to ensure that significant impacts on the environment, including biodiversity, are properly assessed and managed. In this context, the Act allows for the declaration of approved wildlife trade operations to regulate and monitor activities that may impact protected species and ecosystems.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities involved in wildlife trade operations, particularly within the fisheries industry, and encompasses activities that may impact biodiversity and the environment. This act has a broad jurisdictional reach, extending across the Commonwealth of Australia, as well as specific state and territory jurisdictions, thereby affecting federal, state, and territory entities. The Act applies to the operations of the Queensland East Coast Otter Trawl Fishery, as defined by multiple state and federal regulations, including the Fisheries Act 1994 (Qld), Marine Parks Act 2004 (Qld), and Great Barrier Reef Marine Park Act 1975 (Cth), among others. The legislation mandates the establishment of an independent monitoring and validation program to ensure data reliability and representativeness across all regions of the fishery, focusing on protected species interactions. The Act's application is not limited to the primary provisions but extends through subordinate instruments, such as regulations and declarations, which further define and refine the scope of the Act. Notably, there are no explicit exclusions or exemptions stated in this declaration, but the Act provides pathways for review and appeal under the Administrative Review Tribunal Act 2024, allowing affected parties to seek independent review of decisions made under the EPBC Act.

Key Provisions

This notifiable instrument (F2025N00449) concerns a variation of an approved wildlife trade operation for the Queensland East Coast Otter Trawl Fishery. The main operative sections involved in this variation are found under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), specifically under paragraph 303FT(7)(b). This section allows for the variation of a wildlife trade operation declaration. The key change is in Condition 7 of the wildlife trade operation, where the requirement for the Queensland Department of Primary Industries to provide an implementation plan for an independent monitoring and validation program has been extended from 30 June 2025 to 15 January 2026. Similarly, the commencement of the program has been extended from 15 December 2025 to 15 June 2026. The obligations imposed by this Act on the Queensland Department of Primary Industries include developing an implementation plan for the independent monitoring and validation program by 15 January 2026. This plan must detail how the program will provide reliable and representative data across all regions of the fishery and validate data collected via protected species logbooks. The Department must also commence implementation of this program by 15 June 2026, which may involve using electronic monitoring, independent onboard observers, or other means. Furthermore, as part of the annual reporting requirements under Wildlife Trade Operation Condition 4, the Department must provide a summary of the level of independent monitoring coverage, protected species interactions, and the validation of protected species logbooks with independent data. The Act does not explicitly detail offences, penalties, or civil and criminal consequences for breach in this variation. However, the underlying legislation, the EPBC Act, provides a framework for enforcement and penalties. Under the EPBC Act, non-compliance with conditions of a wildlife trade operation can result in enforcement actions by the Commonwealth or relevant state or territory authorities. This could include fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties for offences under the EPBC Act can be substantial, reflecting the importance of protecting biodiversity and managing wildlife trade operations effectively.