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Declaration of an Approved Wildlife Trade Operation – South Australian Beach-cast Marine Algae Fishery, May 2018

Declaration of an Approved Wildlife Trade Operation – South Australian Beach-cast Marine Algae Fishery, May 2018

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2018N00040 Not in force Notifiable Instrument

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COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – South australian beach-cast MARINE aLGAE fISHERY, MAY 2018

I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the South Australian Department of Primary Industries and Regions, and advice on the ecological sustainability of the operation. I am satisfied on those matters specified in section 303FN of the EPBC Act. I hereby declare the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the South Australian Beach-cast Marine Algae Fishery as defined in the management regime in force under the Fisheries Management Act 2007 (SA), Fisheries Management (Miscellaneous Developmental Fishery) Regulations 2013 (SA), Fisheries Management (Miscellaneous Fishery) Regulations 2015 (SA), and Fisheries Management (General) Regulations 2017 (SA), but not including,

specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list)

to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d), for the purposes of the EPBC Act.

Unless amended or revoked, this declaration:

a) is valid until 21 September 2018 and;

b) is subject to the conditions applied under section 303FT specified in the Schedule.

Dated this 14th day of May 2018

Delegate of the Minister for the Environment and Energy

A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy for the reasons for the decision.

An application for independent review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee by the applicant, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT’s website at http://www.aat.gov.au/ for further information.

You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. For further information, please visit http://www.environment.gov.au/foi/index.html.

Further enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.

SCHEDULE

Declaration of the Harvest Operations of the South Australian Beach-cast Marine Algae Fishery as an approved wildlife trade operation, May 2018

ADDITIONAL PROVISIONS (section 303FT)

Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates taken in the SA Beach-cast Marine Algae Fishery, but not including,

specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list)

Operation of the South Australian Beach-cast Marine Algae Fishery will be carried out in accordance with the Fisheries Management (Miscellaneous Developmental Fishery) Regulations 2013 (SA), the Fisheries Management (Miscellaneous Fishery) Regulations 2015 (SA) and the Fisheries Management (General) Regulations 2017 (SA) in force under the Fisheries Management Act 2007 (SA).

2. The Department of Primary Industries and Regions, South Australia (PIRSA) to inform the Department of the Environment and Energy of any intended material changes to the SA Beach-cast Marine Algae Fishery management arrangements that may affect the assessment against which EPBC Act decisions are made.

3. PIRSA to produce and present reports to the Department of the Environment and Energy annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

4. PIRSA to take all reasonable steps to mitigate adverse impacts on migratory shorebirds by the SA Beach-cast Marine Algae Fishery operations (harvesting and/or transporting of beach-cast wrack), including the continuation of a management strategy that:

(a) ensures at least 50 per cent of the licence area is excluded from the fishery operations at all times, including closing the area from the Beachport Conservation Park to approximately one kilometre (km) north of Blowhole Road;

(b) avoids the removal of all non-target species from the harvest area;

(c) imposes additional requirements in the period from 1 September to 15 May (inclusive) each year, on sandy beaches along Wrights Bay, Nora Creina, Stinky Beach and the Rivoli Bay area from approximately one km north of Blowhole Road to the southern end of the Fishery, including only permitting harvesting to occur:

by way of hand harvesting (assisted by mechanical winch if required),
on a maximum of 8 calendar days (or any part thereof) per calendar month, and a maximum of 4 calendar days (or any part thereof) between 1 May and 15 May, with each harvesting day to be advised to PIRSA prior to the commencement of harvesting, and
through the use of up to two vehicles (4 wheel drive utility, or similar, with a trailer with a gross vehicle mass of 3.5 tonne), with up to three people per vehicle, on any one day, and

(d) prohibiting harvest operations within 100 metres either side of any nesting areas where Hooded Plover (Thinornis rubricollis) are currently nesting and/or caring for dependent young, in all areas at all times.

5. PIRSA, in collaboration with the SA Department of Environment and Water, industry and where possible, the community to:

a) implement a monitoring program to annually assess the impact of the SA Beach-Cast Marine Algae Fishery on migratory shorebirds; and

b) continue to support research with the aim of understanding and effectively managing the ecological risk posed by the fishery to shorebirds and all relevant terrestrial and coastal ecosystems.

Any data obtained from the monitoring program (excluding commercial in confidence data) must be included in the annual report sent to the Department of the Environment and Energy and should be available to the SA Department of Environment and Water.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive and integrated approach to the protection and management of the environment, particularly in relation to biodiversity conservation and the regulation of activities that may have significant environmental impacts. The Act empowers the Commonwealth to take action in cases where the federal interest is engaged, particularly concerning matters of national environmental significance. The EPBC Act was introduced by the Parliament of Australia, with the policy objective of ensuring that environmental considerations are factored into decision-making processes affecting the environment, particularly in relation to wildlife trade operations and their ecological sustainability. In May 2018, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, as the Delegate of the Minister for the Environment and Energy, declared the operations for the harvesting of specimens derived from fish or invertebrates in the South Australian Beach-cast Marine Algae Fishery to be an approved wildlife trade operation under the EPBC Act. This declaration was made following a consideration of an application from the South Australian Department of Primary Industries and Regions and advice on the ecological sustainability of the operation. The declaration is subject to specific conditions aimed at mitigating adverse impacts on migratory shorebirds and ensuring compliance with relevant South Australian fisheries management regulations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and activities, particularly those involving wildlife trade and biodiversity conservation. The Act extends to the whole of Australia and applies to Commonwealth, state, and territory governments, as well as private individuals and entities. In this specific case, the Act applies to the South Australian Beach-cast Marine Algae Fishery, which involves the harvesting of specimens from fish or invertebrates taken in the fishery. This declaration excludes specimens that belong to eligible listed threatened species or taxa listed under Australia’s CITES list. The declaration is subject to certain conditions, including requirements for reporting and monitoring to mitigate adverse impacts on migratory shorebirds, and it remains in force until 21 September 2018 unless revoked or amended. The declaration can be reviewed by affected parties through the Administrative Appeals Tribunal, and information access is available under the Freedom of Information Act 1982.

Key Provisions

The key provisions of this notifiable instrument declare the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the South Australian Beach-cast Marine Algae Fishery, as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (subsection 303FN(2) and paragraph 303FN(10)(d)). This declaration is valid until 21 September 2018 and is subject to specific conditions set out in the Schedule (section 303FT). The operations are subject to the conditions outlined in the Fisheries Management Act 2007 (SA) and associated regulations, and exclude specimens belonging to eligible listed threatened species or taxa listed under Australia’s CITES list (sections 303BC and 303CA of the EPBC Act). The obligations imposed by the Act on the parties involved are comprehensive. The Department of Primary Industries and Regions, South Australia (PIRSA), must inform the Department of the Environment and Energy of any intended material changes to the management arrangements of the SA Beach-cast Marine Algae Fishery that could affect the assessment against which decisions are made under the EPBC Act. PIRSA is also required to submit annual reports to the Department of the Environment and Energy, following the guidelines set out in the "Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition." Furthermore, PIRSA must take all reasonable steps to mitigate adverse impacts on migratory shorebirds, including implementing a management strategy that ensures at least 50% of the licence area is excluded from fishery operations at all times and prohibiting harvest operations within 100 metres of any nesting areas where Hooded Plovers are nesting or caring for dependent young. PIRSA must also collaborate with relevant stakeholders to implement a monitoring program to assess the impact of the fishery on migratory shorebirds and support research aimed at understanding and managing ecological risks. The declaration outlines specific civil and administrative consequences for breaches of the conditions set out in the Schedule. While the notifiable instrument does not explicitly state criminal penalties, breaches of the conditions could potentially lead to enforcement actions under the EPBC Act. Such actions might include administrative penalties, fines, or other regulatory measures to ensure compliance with the declared conditions and the overarching objectives of the Act. The declaration provides avenues for appeal and review. Any person whose interests are affected by this declaration may apply to the Department of the Environment and Energy within 28 days for reasons for the decision. Additionally, an application for an independent review of the decision can be made to the Administrative Appeals Tribunal (AAT) within 28 days of receipt of the reasons for the decision or within 28 days of the declaration if reasons for the decision are not sought. This ensures that affected parties have the opportunity to seek clarification and challenge the decision if they believe it is unjust or not in accordance with the law.

Area of Law: Environmental Law
Instrument: Notifiable instrument
Concepts: Regulatory Standards; Compliance Obligations; Enforcement Powers; Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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