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. It establishes a framework for the conservation of biodiversity and the protection of threatened species and ecological communities. The Act was introduced to address the need for a comprehensive legislative framework to protect the environment and biodiversity in Australia. The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia. The policy objective of the Act is to protect and conserve Australia's biodiversity and environment, including threatened species and ecological communities, and to manage the impacts of activities that may have a significant effect on the environment. This declaration, issued by Belinda Jago, Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water, recognises the operations for the harvesting of specimens in the Queensland Ocean Beach Fishery as an approved wildlife trade operation under the EPBC Act. The declaration specifies that the operations are subject to certain conditions, including adherence to relevant fisheries legislation, reporting requirements, and efforts to manage shared stocks of sea mullet and tailor. This declaration aims to ensure that the operations are conducted in an ecologically sustainable manner.

Scope and Application

The declaration made under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 recognises the operations for the harvesting of specimens that are or are derived from fish or invertebrates taken in the Queensland Ocean Beach Fishery as an approved wildlife trade operation. This applies to the operations conducted under the management regime established by the Fisheries Act 1994 (Qld), Fisheries (General) Regulation 2019 (Qld), Fisheries (Commercial Fisheries) Regulation 2019 (Qld), Fisheries Declaration 2019 (Qld), and Fisheries Quota Declaration 2019 (Qld). However, it explicitly excludes specimens that belong to taxa listed under sections 209, 248, 303BC, or 303CA of the EPBC Act, which include Australia’s List of Migratory Species, Australia’s List of Marine Species, eligible listed threatened species, and Australia’s CITES List, respectively. The declaration is applicable nationwide as it is issued under the Commonwealth EPBC Act and aims to ensure that the specified fishery operations do not negatively impact matters of national environmental significance. The declaration is valid until 1 May 2027 and is subject to specific conditions outlined in Schedule 1, which include adherence to Queensland fisheries legislation, reporting requirements, and sustainability efforts regarding shared stocks with New South Wales.

Key Provisions

The declaration under section 303FN(10)(d) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (paragraph 1) recognises the operations for harvesting specimens that are or are derived from fish or invertebrates, taken in the Queensland Ocean Beach Fishery as an approved wildlife trade operation. This declaration applies to the specified operations as outlined in the Queensland fisheries legislation, excluding specimens listed under sections 209, 248, 303BC, and 303CA of the EPBC Act (paragraph 3). Unless amended or revoked, the declaration is effective until 1 May 2027 and is subject to the conditions detailed in Schedule 1 (paragraph 5). These conditions are integral to ensuring that the fishery operations comply with both state and federal environmental protection and biodiversity conservation laws. The declaration imposes several obligations on the parties involved, primarily the Queensland Department of Agriculture and Fisheries. These obligations include operating in accordance with the specified Queensland fisheries legislation (Condition 1), notifying the federal Department of Climate Change, Energy, the Environment and Water of any significant changes to management arrangements or legislation that might affect the ecological sustainability assessment (Conditions 2 and 3), and submitting annual reports detailing the fishery operations (Condition 4). Additionally, the department must provide specific data on discarded catch and post-release survival of discarded catch by 30 September 2024 (Condition 5), record and report on any catch of CITES-listed species (Condition 6), and collaborate with the New South Wales Department of Primary Industries to manage shared stocks of sea mullet and tailor sustainably (Condition 7). Failure to comply with the conditions set out in Schedule 1 of the declaration may result in civil or criminal consequences under the EPBC Act. The specific penalties for breaches of the Act can include substantial fines and, in some cases, imprisonment. For instance, under section 506 of the EPBC Act, a person who contravenes a condition of approval may be liable to a penalty of up to $1.1 million for a corporation and up to $220,000 for an individual, in addition to other civil and criminal penalties as prescribed by law. The declaration also notes the right of affected persons to apply for a statement of reasons and for independent review of the decision under the Administrative Appeals Tribunal Act 1975.