Declaration of an Approved Wildlife Trade Operation - South Australian Beach-Cast Marine Algae Fishery

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Legislation au C2015G00911 In force Gazette

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COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION

 

I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Department of Primary Industries and Regions South Australia, 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 that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the EPBC Act, taken by the Miscellaneous Fishery licence Y078 in the South Australian Beach‑Cast Marine Algae Fishery, as defined in the Fisheries Management (Miscellaneous Fishery) Regulations 2000 in force under the Fisheries Management Act 2007 (South Australia) 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 18 May 2018 and;

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

 

Dated this 3rd day of June 2015

 

 

 

………….…….………Paul Murphy…………………………

Delegate of the Minister for the Environment

 

 

A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment 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 (currently $861 or reduced fee where applicable due to financial hardship) 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, Sustainable Fisheries Section, Department of the Environment, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.


SCHEDULE

 

  •                  Declaration of the Harvest Operations of the South Australian Beach-cast Seagrass and Marine Algae Fishery as an approved wildlife trade operation, May 2015

 

ADDITIONAL PROVISIONS (section 303FT)

 

Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the South Australian Beach-cast Seagrass and Marine Algae Fishery:

 

  1.    Operation of the South Australia Beach‑Cast Marine Algae Fishery will be carried out in accordance with the South Australian Fisheries Management (Miscellaneous Fishery) Regulations 2000 and the South Australian Fisheries Management (General) Regulations 2007 in force under the Fisheries Management Act 2007.
  2.    The Department of Primary Industries and Regions South Australia (PIRSA) to inform the Department of the Environment of any intended material changes to the South Australia Beach‑Cast Marine Algae Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
  3.    PIRSA to produce and present reports to the Department of the Environment annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Ed.
  4.    PIRSA to take all reasonable steps to mitigate adverse impacts on migratory shorebirds by the South Australia Beach‑Cast Marine Algae Fishery operations (harvesting and/or transporting of beach-cast wrack), including through:

a)      implementing a management strategy that ensures at least 50% of the licence area is excluded from the fishery operations at all times;

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

c)      a seasonal closure from January to March (inclusive) each year, on sandy beaches along Wrights Bay, Nora Creina, Stinky Beach and Rivoli Bay area (including the 8 kilometres south east of the Lake George inlet) to the Beachport Conservation Park closure zone;

d)     a seasonal closure from September to December (inclusive) each year, in Rivoli Bay from the Beachport Conservation Park Closure zone to the beach access point at Blowhole Rd (including the Lake George inlet and town beach);

e)      prohibiting heavy machinery for harvest and/or transport purposes in all seasonal closure areas from September to December (inclusive) on sandy beaches along Wrights Bay, Nora Creina, Stinky Beach and Rivoli Bay area (including the 8 kilometres south east of the Lake George inlet) to the Beachport Conservation Park closure zone; and

f)       prohibiting harvest operations within 100 metres either side of an area where Thinornis rubricollis (hooded plovers) are nesting or caring for dependent young from September to March (inclusive) on sandy beaches along Wrights Bay, Nora Creina, Stinky Beach and Rivoli Bay area (including the 8 kilometres south east of the Lake George inlet) to the Beachport Conservation Park closure zone (inclusive).

 

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

a)        implement a monitoring program to annually assess the impact of the South Australia 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 should be available to the South Australia Department of Environment, Water and Natural Resources.

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act addresses the gap in environmental protection by providing a framework for the assessment and approval of activities that may have significant environmental impacts. The Commonwealth Parliament enacted this Act to ensure the protection of the environment and biodiversity, particularly in light of the increasing threats to ecosystems and species from various human activities. The policy objective of the Act is to promote ecologically sustainable development by integrating environmental considerations into decision-making processes. This legislative framework aims to balance economic development with the need to protect the environment and biodiversity. The Act was declared by Paul Murphy, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, as the Delegate of the Minister for the Environment. The declaration pertains to the operations of the South Australian Beach-Cast Marine Algae Fishery, specifically the harvesting of specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the Act. The declaration is made under section 303FN of the Act and is subject to certain conditions outlined in the Schedule. The declaration aims to ensure that the fishery operations are conducted in an ecologically sustainable manner, with measures in place to mitigate adverse impacts on migratory shorebirds and other wildlife. The declaration also includes provisions for reporting, monitoring, and research to support ongoing management of the fishery's environmental impacts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operations of the South Australian Beach-Cast Marine Algae Fishery, specifically targeting the harvesting of specimens derived from fish or invertebrates, excluding those of species listed under Part 13 of the EPBC Act. This Act has a Commonwealth reach, meaning it is enforced nationally by the Australian government. The declared operations of this fishery are recognised as an approved wildlife trade operation under the EPBC Act, subject to the conditions specified in the Schedule of the declaration. The declaration is valid until 18 May 2018 and is subject to conditions that include adherence to South Australian fisheries regulations and specific measures to mitigate adverse ecological impacts, such as seasonal closures and restrictions on machinery use in certain areas. The declaration also mandates annual reporting and monitoring of the fishery’s impact on migratory shorebirds by the Department of Primary Industries and Regions South Australia in collaboration with other relevant authorities.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes the framework for the protection of the environment, biodiversity, and heritage in Australia. The declaration in question (section 303FN) identifies the harvesting operations of the South Australian Beach-Cast Marine Algae Fishery as an approved wildlife trade operation. This means that these operations are permitted under the EPBC Act, provided they comply with certain conditions (section 303FT). These operations pertain to the harvesting of fish and invertebrate specimens, excluding those listed under Part 13 of the EPBC Act. The declaration is valid until 18 May 2018 and is subject to the conditions specified in the Schedule. The obligations under the Act for the parties involved include adhering to the South Australian Fisheries Management (Miscellaneous Fishery) Regulations 2000 and the South Australian Fisheries Management (General) Regulations 2007 (section 303FT(1)). The Department of Primary Industries and Regions South Australia (PIRSA) must notify the Department of the Environment of any material changes to the fishery management arrangements that could affect the ecological sustainability assessment (section 303FT(2)). PIRSA is also required to submit annual reports detailing the impact of the fishery on the environment, specifically focusing on migratory shorebirds, as outlined in Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition (section 303FT(3)). Furthermore, PIRSA must implement a comprehensive management strategy to mitigate adverse impacts on migratory shorebirds. This includes excluding at least 50% of the licence area from fishery operations at all times, avoiding the removal of non-target species, imposing seasonal closures in specific areas, prohibiting the use of heavy machinery in certain zones, and restricting harvest operations near nesting areas of hooded plovers during specific periods (section 303FT(4)). PIRSA must also collaborate with relevant departments, industry, and the community to monitor the impact of the fishery on migratory shorebirds and support ongoing research to manage ecological risks (section 303FT(5)). Failure to comply with the provisions and conditions of the EPBC Act, as outlined in the declaration, may result in legal consequences. While specific penalties are not detailed in the declaration, breaches of the EPBC Act can lead to civil and criminal penalties. Civil penalties may include fines up to $66,000 for individuals and $330,000 for corporations, as stipulated in section 536 of the Act. Criminal penalties may apply for more severe breaches, potentially resulting in fines and imprisonment, depending on the nature and severity of the offence. The declaration also provides avenues for review and appeal, allowing affected parties to seek independent review of the decision through the Administrative Appeals Tribunal and to access relevant documents under the Freedom of Information Act 1982.

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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.