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Declaration of an Approved Wildlife Trade Operation – South Australian Lakes and Coorong Fishery, March 2019

Declaration of an Approved Wildlife Trade Operation – South Australian Lakes and Coorong Fishery, March 2019

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2019N00019 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 LAKES AND COORONG FISHERY, MARCH 2019

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 (PIRSA). 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 Lakes and Coorong Fishery, as defined in the management regime in force under the Fisheries Management Act 2007 (SA) and the SA Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 and the SA Fisheries Management (General) Regulations 2017, 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 25 February 2022 and;

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

Dated this 26th day of February 2019

………….…….…………………………………

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 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 Lakes and Coorong Fishery as an approved wildlife trade operation, March 2019

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 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the South Australian Lakes and Coorong Fishery:

Operation of the South Australian (SA) Lakes and Coorong Fishery will be carried out in accordance with the Management Plan for the South Australian Lakes and Coorong Fishery 2016, the SA Fisheries Management (Lakes and Coorong Fishery) Regulations 2009, and the SA Fisheries Management (General) Regulations 2017, in force under the South Australian Fisheries Management Act 2007.

2. The Department of Primary Industries and Regions South Australia, to inform the Department of

the Environment and Energy of any intended material changes to the SA Lakes and Coorong

Fishery management arrangements that may affect the assessment against which Environment

Protection and Biodiversity Conservation Act 1999 decisions are made.

3. The Department of Primary Industries and Regions South Australia 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. The Department of Primary Industries and Regions South Australia to:

a) continue regularly reviewing the management arrangements for Murray Cod stocks in the SA Lakes and Coorong Fishery, on an annual basis as a minimum.

b) implement appropriate and timely protection and management measures, until Murray Cod stock levels increase to a sustainable level.

5. The Department of Primary Industries and Regions South Australia to:

a) conduct a review of the current (temporary) management arrangements for Black Bream,

and implement appropriate management arrangements for the 2019 spawning season.

b) advise the Department of the outcomes of the review in 2019.

c) provide the Department with the report Monitoring salt wedge conditions and black bream

(Acanthopagrus butcheri) recruitment in the Coorong during 2017- 18 once released, and

advise of any associated changes to Black Bream management arrangements.

6. The Department of Primary Industries and Regions South Australia to continue to:

a) monitor catch level trends for Greenback Flounder, and continue to develop/implement

management measures as required to:

minimise the impact from fishing
minimise the impact from environmental conditions known to affect the species.

b) monitor catches of juvenile and female Yelloweye Mullet, and implement measures as

required, to ensure that this species does not become recruitment overfished.

c) improve monitoring of discards in the Lakes and Coorong Fishery, particularly for Mulloway,

and:

monitor trends in stock levels of all target species, and implement measures to mitigate risks identified in the June 2011 risk assessment for the Lakes and Coorong Fishery.

7. The Department of Primary Industries and Regions South Australia to:

a) provide advice of when the trial of electronic reporting is to commence.

b) provide results of the trial, with a view to implementation of electronic reporting in the

Lakes and Coorong Fishery, and:

provide a report to the Department, particularly highlighting the reporting of discards, and the effect of Long-nosed Fur Seals on the fishery.

8. The Department of Primary Industries and Regions South Australia to:

provide the Department with a copy of SARDI’s annual fishery statistics report (2019) following their assessment of status stocks for key target species, including Mulloway.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and manage Australia's environment, particularly in relation to biodiversity conservation and the sustainable use of natural resources. The Act aims to provide for the protection of the environment, particularly matters of national environmental significance, by establishing a national system of environmental protection. This includes protecting Australia’s biodiversity, heritage places, and the Ramsar-listed wetlands. The EPBC Act is administered by the Commonwealth Government and overseen by the Minister for the Environment. The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia, with the goal of providing a coordinated and effective approach to environmental protection across the nation. This legislative framework was designed to fill the gap left by the lack of a unified national environmental law, ensuring that environmental considerations are integrated into decision-making processes. The policy objective of the Act is to safeguard Australia's environment, heritage, and biodiversity, while balancing these protections with economic and social needs. This is achieved through various mechanisms, including the declaration of approved wildlife trade operations, as seen in the declaration of the South Australian Lakes and Coorong Fishery in 2019, ensuring that commercial activities are conducted in a sustainable and environmentally responsible manner.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, particularly wildlife trade, in Australia. In accordance with section 303FN of the EPBC Act, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, has declared the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the South Australian Lakes and Coorong Fishery, as an approved wildlife trade operation. This declaration applies to the Department of Primary Industries and Regions South Australia and excludes specimens that belong to eligible listed threatened species or specimens that belong to taxa listed under Australia's CITES list. The declaration is valid until 25 February 2022 and is subject to conditions specified in the Schedule, which include reporting requirements, management plan adherence, and the implementation of appropriate protection and management measures. The geographic reach of this declaration is limited to the South Australian Lakes and Coorong Fishery, and the operation of the fishery must comply with the South Australian Fisheries Management Act 2007, as well as associated regulations.

Key Provisions

The key operative sections of the declaration, which was issued under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), pertain to the approval of wildlife trade operations for the harvesting of fish and invertebrate specimens from the South Australian Lakes and Coorong Fishery. This declaration excludes specimens belonging to listed threatened species or those listed under Australia’s CITES list (section 303FN(2) and paragraph 303FN(10)(d)). The operations are defined under the management regimes of the Fisheries Management Act 2007 (SA) and its related regulations. The declaration is valid until 25 February 2022 and is subject to specific conditions outlined in the Schedule (section 303FT). The obligations imposed on the Department of Primary Industries and Regions South Australia (PIRSA) include adherence to the Management Plan for the South Australian Lakes and Coorong Fishery 2016 and relevant regulations. PIRSA is required to inform the Department of the Environment and Energy of any material changes to the fishery management arrangements that may impact the EPBC Act decisions. Additionally, PIRSA must submit annual reports to the Department of the Environment and Energy in accordance with the Guidelines for the Ecologically Sustainable Management of Fisheries. PIRSA is also tasked with regularly reviewing and managing Murray Cod stocks, reviewing and implementing management arrangements for Black Bream, monitoring catch levels for various species, and improving discard monitoring, particularly for Mulloway. The declaration outlines specific actions for PIRSA to take, including conducting a review of temporary management arrangements for Black Bream and reporting the outcomes in 2019. PIRSA must also monitor trends in stock levels of target species, implement measures to mitigate identified risks, and provide reports on the trial of electronic reporting, particularly focusing on discards and the impact of Long-nosed Fur Seals on the fishery. PIRSA is also required to provide the Department with the annual fishery statistics report from SARDI (South Australian Research and Development Institute) following their assessment of stock status for key target species, including Mulloway. Breach of the conditions specified in the Schedule could lead to civil or criminal consequences. The maximum penalties for breaches of the EPBC Act are substantial and may include fines and imprisonment. The exact penalties depend on the nature and severity of the breach, and specific penalties are not detailed in the declaration itself but are outlined in the EPBC Act. Affected parties have the right to seek reasons for the decision from the Department of the Environment and Energy within 28 days of the declaration and can apply for an independent review by the Administrative Appeals Tribunal within the same timeframe if they wish to challenge the decision.

Area of Law: Environmental Law
Instrument: Notifiable instrument
Concepts: Reporting & Disclosure Obligations; Compliance Obligations; Monitoring & 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.

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