Declaration of an Approved Wildlife Trade Operation – South Australian Lakes and Coorong Fishery, December 2024

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

Legislation au F2024N01138 Not in force Notifiable Instrument

Legislation content

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – SOUTH AUSTRALIAN LAKES AND COORONG FISHERY, DECEMBER 2024

I, Jessica Hoey, Director, Sustainable Fisheries Section, as Delegate of the Minister for the Environment and Water, hereby vary under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the declaration of an approved wildlife trade operation dated 15 November 2023 for the South Australian Lakes and Coorong Fishery, as defined in the management regime in force under the Fisheries Management Act 2007 (SA), the Fisheries Management (General) Regulations 2017 (SA), the Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 (SA) and the Management Plan for the South Australian Commercial Lakes and Coorong Fishery 2022, such that the condition specified in Schedule 1 to that declaration is varied as follows:

Replace the following conditions:

Condition 8

By 28 February 2025, the Department of Primary Industries and Regions, South Australia will have reviewed bycatch and discard reporting measures to ensure that the information collected sufficiently and reliably demonstrates the accuracy of all catch (including bycatch and discards), effort and protected species interaction data collected via logbooks.

The Department of Primary Industries and Regions, South Australia is to work with industry on investigating appropriate and cost‑effective methods of reporting bycatch and discards.

The Department of Primary Industries and Regions, South Australia will provide advice to the Department of Climate Change, Energy, the Environment and Water on the review and any measures applied.

Condition 10

By 13 December 2024, the Department of Primary Industries and Regions, South Australia must require that all catch of CITES listed species (including discards where possible) taken in the South Australian Lakes and Coorong Fishery is recorded to a species level and that these catches are reported to the Department of Climate Change, Energy, the Environment and Water as part of the annual reporting requirement referred to in Condition 4.

 

With the following amended conditions:

Condition 8

By 30 June 2025, the Department of Primary Industries and Regions, South Australia will have reviewed bycatch and discard reporting measures to ensure that the information collected sufficiently and reliably demonstrates the accuracy of all catch (including bycatch and discards), effort and protected species interaction data collected via logbooks.

The Department of Primary Industries and Regions, South Australia is to work with industry on investigating appropriate and cost‑effective methods of reporting bycatch and discards.

The Department of Primary Industries and Regions, South Australia will provide advice to the Department of Climate Change, Energy, the Environment and Water on the review and any measures applied.


Condition 10

By 30 June 2025, the Department of Primary Industries and Regions, South Australia must require that all catch of CITES listed species (including discards where possible) taken in the South Australian Lakes and Coorong Fishery is recorded to a species level and that these catches are reported to the Department of Climate Change, Energy, the Environment and Water as part of the annual reporting requirement referred to in Condition 4.

 

Dated this 9th day of December 2024

………….…….…SIGNED…………………….........

Delegate of the Minister for the Environment and Water

Notes:

  1.         Under the Administrative Review Tribunal Act 2024, 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 Climate Change, Energy, the Environment and Water within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Review 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, Sustainable Fisheries Section, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.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 https://www.dcceew.gov.au/environment/wildlife-trade/cites.

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance, as defined by the Act. This legislation was introduced to address the need for a comprehensive framework to manage and protect Australia's biodiversity and environment, including the regulation of activities that may impact on matters of national environmental significance. The Act was passed by the Australian Parliament and aims to ensure that the environment is protected and managed sustainably, balancing economic development with environmental conservation. The Act provides for the regulation of activities that may impact on the environment, including wildlife trade, and seeks to meet Australia's international obligations under various environmental conventions and agreements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the declaration of approved wildlife trade operations, including the South Australian Lakes and Coorong Fishery, as outlined in the legislation. This Act applies to the management and conservation of wildlife, particularly in relation to international trade, and is enforced by the Minister for the Environment and Water, as demonstrated by the Delegate's authority in the document. The amended conditions under this Act affect the Department of Primary Industries and Regions, South Australia, which is responsible for reviewing bycatch and discard reporting measures and ensuring compliance with the specified timelines for reporting catch of CITES listed species. The geographic reach of the Act is national, with specific application to fisheries within South Australia, as detailed in relevant state legislation and management plans. The exclusions and exemptions within the Act are determined by the specific conditions set out in the declaration, which may vary based on the outcomes of reviews and consultations with industry. The Act extends its application through subordinate instruments such as regulations and management plans, ensuring a comprehensive framework for wildlife conservation and trade.

Key Provisions

The main operative sections of this notifiable instrument are sections 303FT(7)(b) and 303CA of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), as well as the declaration of an approved wildlife trade operation dated 15 November 2023 for the South Australian Lakes and Coorong Fishery. This instrument varies the conditions of that declaration to require the Department of Primary Industries and Regions, South Australia to review bycatch and discard reporting measures by 30 June 2025, and to report the catch of CITES listed species by 30 June 2025. The new conditions also stipulate that the Department of Primary Industries and Regions, South Australia must work with industry to investigate appropriate and cost-effective methods of reporting bycatch and discards, and provide advice to the Department of Climate Change, Energy, the Environment and Water on the review and any measures applied. The obligations and requirements imposed by this Act on the parties involved are primarily focused on ensuring the accurate reporting of catch data, including bycatch and discards, and the reporting of catches of CITES listed species. The Department of Primary Industries and Regions, South Australia is required to review and improve bycatch and discard reporting measures, and investigate cost-effective reporting methods. They must also report the catch of CITES listed species to the Department of Climate Change, Energy, the Environment and Water by 30 June 2025. The Department of Climate Change, Energy, the Environment and Water is required to provide advice on the review and any measures applied. Breach of the conditions outlined in this instrument may result in civil or criminal consequences, depending on the nature and severity of the breach. Under section 512 of the EPBC Act, a person who contravenes a condition of an approved wildlife trade operation declaration may be liable to a penalty of up to $222,200 for an individual or $1,111,000 for a body corporate. In addition, under section 514 of the EPBC Act, a person who engages in an activity that contravenes a condition of an approved wildlife trade operation declaration may be subject to criminal prosecution and, on conviction, to a penalty of up to $222,200 for an individual or $1,111,000 for a body corporate, or imprisonment for up to five years, or both. The maximum penalties for breaches of the conditions are therefore significant, and may have serious consequences for the parties involved.

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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.