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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, including the biodiversity of Australia. This legislation was introduced to address gaps in environmental protection and to provide a framework for the management of activities that impact on Australia's environment, particularly those that may have a significant impact on the nation's biodiversity. The Act was passed by the Australian Parliament and its policy objective is to protect and manage Australia's biodiversity and environmental heritage for future generations. This notifiable instrument amends the declaration of an approved wildlife trade operation for the Queensland East Coast Otter Trawl Fishery under the EPBC Act, extending the deadline for the Queensland Department of Primary Industries to review and implement a rebuilding strategy for the depleted stock of saucer scallops south of latitude 22 degrees south.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as varied by the declaration of an approved wildlife trade operation for the Queensland East Coast Otter Trawl Fishery, applies to the entities involved in the fishery, including the Queensland Department of Primary Industries. This Act operates within the Commonwealth jurisdiction, impacting both state and federal regulatory frameworks. The specific focus of the Act in this context is to ensure the sustainable management and recovery of depleted saucer scallop stocks (Ylistrum balloti) south of latitude 22 degrees south through the implementation of a formal rebuilding strategy. The Act also integrates with various other state and federal regulations, such as the Fisheries Act 1994 (Qld) and the Great Barrier Reef Marine Park Act 1975 (Cth), ensuring a comprehensive approach to fisheries management. Any exclusions or exemptions from the Act's application would need to be specified under subordinate instruments or regulations, which can extend or restrict the application of the Act as needed.

Key Provisions

The main operative sections of this notifiable instrument (F2025N00931) involve a variation to the declaration of an approved wildlife trade operation concerning the Queensland East Coast Otter Trawl Fishery (section 1). Specifically, Condition 5 of the declaration has been amended, extending the deadline for the Queensland Department of Primary Industries to review and implement a rebuilding strategy for the depleted stock of saucer scallops (Ylistrum balloti) from 1 December 2025 to 15 January 2026 (Schedule 1). This variation is made under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which allows for modifications to the terms of an approved wildlife trade operation. The obligations imposed on the parties governed by this Act, particularly the Queensland Department of Primary Industries, include the requirement to review existing strategies for the recovery of the saucer scallops stock and to develop, publish, and implement a formal rebuilding strategy by the new deadline of 15 January 2026. This rebuilding strategy must align with the Queensland harvest strategy policy and incorporate mechanisms to monitor and manage its ongoing performance to ensure effective recovery of the depleted stock. The notifiable instrument also outlines potential legal consequences for non-compliance with the Act's requirements. Although the specific offences, penalties, or consequences are not detailed in the text, the notifiable instrument notes that a person whose interests are affected by the decision may apply for a statement of reasons and independent review under the Administrative Review Tribunal Act 2024. Such an application must be made in writing to the Department of Climate Change, Energy, the Environment and Water within 28 days of the declaration date, or within 28 days of receiving reasons if they are sought. Further, an application for independent review can be made to the Administrative Review Tribunal within the same timeframe, subject to the payment of the relevant fee. This suggests that there are formal avenues for redress and review, though the exact penalties for non-compliance are not specified within this document.