Declaration of an Approved Wildlife Trade Operation – South Australian Beach-cast Marine Algae Fishery, September 2021

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2021N00233 Not in force Notifiable Instrument

Legislation content

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – South Australian Beach-cast marine algae fishery, september 2021

I, Laura Timmins, Senior Director, Wildlife Trade Office, as Delegate of the Minister for the Environment, have considered the application from the Department of Primary Industries and Regions, South Australia in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act); as well as public comments on the proposal as required under section 303FR; 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 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), Fisheries Management (General) Regulations 2017 (SA), but not including:

(a)    specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or

(b)   specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or

(c)    specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or

(d)   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 17 September 2024 and;

b)             is subject to the conditions applied under section 303FT specified in Schedule 1.

Dated this 17 day of September 2021

 

 

………….…….……………………

Delegate of the Minister for the Environment

Notes:

1. Under the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision. An application for a statement of reasons may be made in writing to the Department of Agriculture, Water and the Environment within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Appeals Tribunal on payment of the relevant fee within 28 days of the date of the declaration, or if reasons are sought, within 28 days of receipt of reasons. Further information may be obtained from the Director, Wildlife Trade Assessments Section, Department of Agriculture, Water and the Environment, Telephone: 02 6274 1715 Email: sustainablefisheries@awe.gov.au.

2.    Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non-detriment finding for that species. Further information, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from htttp://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.

Schedule 1

Part 13A conditions to the Department of Primary Industries and Regions, South Australia on the approved wildlife trade operation declaration for the South Australian Beach-cast Marine Algae Fishery - September 2021

Condition 1

Operation of the South Australian Beach-cast Marine Algae Fishery must be carried out in accordance with the management arrangements specified under the following legislation:

  • Fisheries Management Act 2007 (SA)
  • Fisheries Management (Miscellaneous Developmental Fishery) Regulations 2013 (SA)
  • Fisheries Management (Miscellaneous Fishery) Regulations 2015 (SA)
  • Fisheries Management (General) Regulations 2017 (SA)

Condition 2

The Department of Primary Industries and Regions, South Australia must inform the Department of Agriculture, Water and the Environment of any intended material changes to the South Australian Beach-cast Marine Algae Fishery management arrangements (including permit conditions) that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition 3

The Department of Primary Industries and Regions, South Australia must inform the Department of Agriculture, Water and the Environment of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.

Condition 4

The Department of Primary Industries and Regions, South Australia must produce and present reports to the Department of Agriculture, Water and the Environment annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

Condition 5

By 1 September 2022, the Department of Primary Industries and Regions, South Australia must complete and publish an ecologically sustainable development risk assessment that considers the impacts of the Beach-Cast Marine Algae Fishery on associated species, habitats, and ecological processes. This should consider all relevant credible and documented information (including new and emerging research).

In undertaking the review of the risk assessment, PIRSA should adopt the method and terminology set out by Fletcher et al. (2002). Under this framework, components of the fishing activity rated at a risk level of Moderate or higher require management action.

Condition 6

By 1 April 2023, the Department of Primary Industries and Regions, South Australia, must publish a Management Policy and begin, or continue to implement, measures to address any risks categorised as Moderate or higher in the ecological risk assessment.

The department’s progress in implementing the Management Policy and any associated risk mitigation activities should be included in annual reports provided to the Department of Agriculture Water and the Environment (as specified at Condition 4 of the wildlife trade operation approval).

Condition 7

By 1 July 2022, the Department of Primary Industries and Regions, South Australia must implement measures to ensure permit holders in the fishery have the necessary resources and tools to identify and report on any interactions with shorebirds (including Hooded Plovers) sighted within the area of the harvest.

The outcomes of this process must be included in annual reports provided to the Department of Agriculture Water and the Environment (as specified at Condition 4 of the wildlife trade operation approval).

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection and conservation of Australia's environment, including biodiversity, heritage, and ecological processes. The Act provides a framework for the assessment and approval of activities that may have significant environmental impacts. This legislation was introduced by the Commonwealth Parliament to fill the gap in protecting Australia's biodiversity and managing its natural resources sustainably. The policy objective of the Act is to ensure that the impacts of activities on the environment are considered and mitigated where necessary, to maintain and enhance Australia's unique natural heritage. The Act serves as a crucial tool in fulfilling Australia's obligations under various international environmental conventions and agreements. In September 2021, Laura Timmins, Senior Director of the Wildlife Trade Office and Delegate of the Minister for the Environment, declared the South Australian Beach-cast Marine Algae Fishery as an approved wildlife trade operation under the EPBC Act. This declaration was made following an assessment of an application from the Department of Primary Industries and Regions, South Australia, and public comments on the proposal. The declaration ensures that the fishery operations comply with the Act's requirements, excluding specimens belonging to taxa listed under specific sections of the EPBC Act. The declaration is valid until 17 September 2024 and is subject to conditions outlined in Schedule 1, which include adherence to relevant fisheries legislation, reporting requirements, and risk assessments. This declaration aims to balance the sustainable use of natural resources with the protection of Australia's biodiversity and ecosystems.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the declaration of approved wildlife trade operations, with the South Australian Beach-cast Marine Algae Fishery being one such operation as declared in September 2021. This declaration applies to the Department of Primary Industries and Regions, South Australia, which must manage the fishery in accordance with specified South Australian fisheries legislation, including the Fisheries Management Act 2007 and its associated regulations. The declaration excludes specimens belonging to taxa listed under sections 209, 248, 303BC, and 303CA of the EPBC Act, which pertain to 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 valid until 17 September 2024 and is subject to conditions outlined in Schedule 1, which mandate adherence to South Australian fisheries management arrangements, reporting requirements, and ecological risk assessments. These conditions ensure the sustainability of the fishery while addressing potential impacts on associated species, habitats, and ecological processes.

Key Provisions

The primary operative sections of this notifiable instrument (F2021N00233) pertain to the declaration of an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The instrument, dated September 2021, declares the South Australian Beach-cast Marine Algae Fishery as an approved wildlife trade operation, provided it adheres to the exclusions outlined in section 303FN(10)(d) of the EPBC Act. This means that the fishery can operate on marine algae, excluding those specimens that are listed under specific sections of the EPBC Act or belong to threatened species (sections referenced are 209, 248, 303BC, and 303CA). The declaration, signed by Laura Timmins, Senior Director, Wildlife Trade Office, on behalf of the Minister for the Environment, is valid until 17 September 2024 and is subject to the conditions specified in Schedule 1 of the instrument. The obligations imposed by this declaration on the Department of Primary Industries and Regions, South Australia, are detailed in Schedule 1. Firstly, the department must manage the fishery in accordance with the relevant South Australian fisheries legislation (Condition 1). It must also inform the Department of Agriculture, Water and the Environment of any changes to the fishery management arrangements or fisheries legislation that may impact the EPBC Act assessment (Conditions 2 and 3). Furthermore, the department is required to submit annual reports detailing the ecological sustainability of the fishery, following the guidelines set out in Appendix B of the "Guidelines for the Ecologically Sustainable Management of Fisheries" (Condition 4). By 1 September 2022, the department must publish a risk assessment on the ecological impacts of the fishery and, by 1 April 2023, implement a management policy addressing any risks identified as moderate or higher (Conditions 5 and 6). Additionally, by 1 July 2022, the department must ensure that permit holders have the necessary resources and tools to identify and report on interactions with shorebirds within the harvest area (Condition 7). In terms of consequences for non-compliance, the notifiable instrument does not explicitly state penalties for breaches of the conditions. However, breaches of the EPBC Act or its regulations can result in civil or criminal penalties. For corporations, civil penalties can include fines up to $630,000 for each offence under the EPBC Act (section 514). For individuals, civil penalties can reach up to $63,000 per offence (section 514A). Criminal penalties can also be imposed, including fines and imprisonment, with the exact penalties varying depending on the specific offence and the jurisdiction in which it is prosecuted. Additionally, non-compliance may result in the revocation of the approved wildlife trade operation declaration, which could lead to the cessation of the fishery operations until compliance is achieved.

Legal classification tags

Area of Law
Environmental Law
Instrument
Notifiable instrument
Concepts
Reporting & Disclosure Obligations
Compliance Obligations
Enforcement Powers
Catchwords
Ecologically sustainable development risk assessment

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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.