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 controlling 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 that protects Australia's biodiversity and heritage, ensuring sustainable use and management of natural resources. The EPBC Act is administered by the Commonwealth Government through the Department of the Environment and Energy. The policy objective of this Act is to safeguard the environment from adverse impacts of activities and to promote ecologically sustainable development through the protection of matters of national environmental significance. The notifiable instrument concerning the declaration of an approved wildlife trade operation for the Queensland East Coast Otter Trawl Fishery is an example of how the Act is applied to manage specific activities that may impact biodiversity. This declaration ensures that the fishery operates within the parameters set by the EPBC Act, aiming to balance ecological sustainability with economic activities.

Scope and Application

The declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains specifically to the Queensland East Coast Otter Trawl Fishery, recognising it as an approved wildlife trade operation. This applies to the specimens that are, or are derived from, fish or invertebrates, including the listed marine species Solegnathus dunckeri and Solegnathus hardwickii, while excluding any specimens that belong to eligible listed threatened species as defined under section 303BC of the EPBC Act and those listed under section 303CA (Australia’s CITES list). The declaration is applicable nationwide under the Commonwealth of Australia, ensuring that the operation adheres to the ecological sustainability standards set by the EPBC Act. This approval is conditional upon compliance with specific management arrangements, including adherence to the Queensland Fisheries (East Coast Otter Trawl Fishery) Management Plan 2010 and regular reporting and risk assessment protocols. The declaration remains in effect until 13 November 2020, subject to the conditions specified in the accompanying Schedule, which mandates actions such as building stock resilience, implementing management measures to prevent overfishing, and developing a robust monitoring regime. Any party whose interests are affected by this declaration may seek reasons for the decision from the Department of the Environment and Energy within 28 days, or apply for an independent review to the Administrative Appeals Tribunal.

Key Provisions

The main sections of the declaration (section 303FN) permit the Queensland East Coast Otter Trawl Fishery to operate as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), but only for specimens that are, or are derived from, fish or invertebrates, including the listed marine species Solegnathus dunckeri and Solegnathus hardwickii. It explicitly excludes specimens that belong to eligible listed threatened species (section 303BC) and specimens listed under Australia’s CITES list (section 303CA). The operation is subject to conditions outlined in the schedule, which must be adhered to for the declaration to remain valid. The declaration is valid until 13 November 2020 unless it is amended or revoked earlier. The obligations imposed on the parties governed by this Act include operating the fishery in accordance with the Queensland Fisheries (East Coast Otter Trawl Fishery) Management Plan 2010 (section 303FT). The Queensland Department of Agriculture and Fisheries (QDAF) must inform the Department of the Environment and Energy of any material changes to the fishery management arrangements that may affect the assessment of ecological sustainability. Annual reports must be produced and presented to the Department, as per the Guidelines for the Ecologically Sustainable Management of Fisheries. Additionally, QDAF must complete and publish an ecological risk assessment for the area of the fishery south of the Great Barrier Reef Marine Park and address risks to species and habitats identified as being at or above intermediate risk. The declaration outlines several requirements for QDAF, including building stock resilience, implementing management measures for saucer scallop recovery, and developing finer scale management tools to improve spatial control of fishing effort. QDAF is also tasked with ensuring that total effort in the Great Barrier Reef World Heritage Area does not increase above the historic proportion of total fishing effort. A statistically robust monitoring regime must be developed to provide fisheries independent data on target species, byproduct, and bycatch species, including those protected under the EPBC Act. Risks associated with habitat must be re-evaluated and mitigated, with a focus on prioritising management action for species and habitats at high risk. Failure to comply with the conditions specified in the schedule or the provisions of the EPBC Act may result in the revocation of the approved wildlife trade operation status. This could lead to legal consequences, including civil or criminal penalties as prescribed by the relevant sections of the EPBC Act. The exact penalties for breaches are not detailed in the declaration, but they may include fines and other sanctions as determined by the courts or relevant authorities. The declaration provides avenues for review and appeal, allowing affected parties to seek independent review through the Administrative Appeals Tribunal or access to relevant documents under the Freedom of Information Act 1982.