Declaration of an Approved Wildlife Trade Operation – South Australian Lakes and Coorong Fishery, March 2023

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

Legislation au F2023N00049 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 2023

 

I, ADAM SINCOCK, Principal Director, Wildlife Trade Office, as Delegate of the Minister for the Environment and Water, 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 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 Lakes and Coorong Fishery as defined in the management regime in force under the:

  • Fisheries Management Act 2007 (SA)
  • Fisheries Management (General) Regulations 2017 (SA)
  • Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 (SA)
  • Management Plan for the South Australian Commercial Lakes and Coorong Fishery 2022

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 13 March 2026, and

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

 

Dated this 14th day of March 2023

 

………….…….……Adam Sincock……………………………

Delegate of the Minister for the Environment and Water

 

Notes: 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 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 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, Sustainable Fisheries Section, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.gov.au.

Schedule 1

Declaration of the harvest operations of the South Australian Lakes and Coorong Fishery as an approved wildlife trade operation, March 2023

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:

Condition 1
Operation of the South Australian Lakes and Coorong Fishery must be carried out in accordance with 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.

 

Condition 2
The Department of Primary Industries and Regions, South Australia must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the South Australian Lakes and Coorong Fishery management arrangements 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 Climate Change, Energy, the Environment and Water 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 on the South Australian Lakes and Coorong Fishery, including progress against all Part 13A conditions, to the Department of Climate Change, Energy, the Environment and Water by 26 August annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

 

Condition 5
By 1 August 2024, the Department of Primary Industries and Regions, South Australia, in collaboration with the Lakes and Coorong Fishery Management Advisory Committee, must develop and implement a long-term recovery strategy for black bream stocks in the South Australian Lakes and Coorong Fishery, to assist transitioning the stock from its current ‘depleted’ state to a longer term ‘sustainable’ level.

 

Condition 6
The Department of Primary Industries and Regions, South Australia must, by 28 February 2025, develop and implement a formal recovery strategy for greenback flounder, including appropriate management measures to minimise the impact from fishing, accounting for the environmental conditions known to affect the species. The Department of Primary Industries and Regions, South Australia will also investigate any information gaps identified in the development of the recovery strategy.

Condition 7
Within 12 months of the publication of the Fisheries Research and Development project (2018-036) Seal fisher-ecosystem interactions in the Lower Lakes and Coorong: understanding causes and impacts to develop longer-term solutions (expected to conclude by early July 2023), the Department of Primary Industries and Regions, South Australia must implement, where appropriate, identified mitigation measures to reduce interactions with long-nosed fur seals in the fishery.

 

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 9
By 28 February 2025, the Department of Primary Industries and Regions, South Australia must complete and publish an updated Ecological Risk Assessment for the Lakes and Coorong Fishery, which describes whole of fishery risks and species-specific risks.

This should follow the protocols described in the National ESD Reporting Framework for Fisheries (2002).

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This includes protecting and conserving Australia's biodiversity and the ecological processes on which it depends. The Act also aims to promote ecologically sustainable development by encouraging the efficient use and conservation of natural resources. The declaration of an approved wildlife trade operation for the South Australian Lakes and Coorong Fishery, announced in March 2023 by Adam Sincock, Principal Director, Wildlife Trade Office, as the Delegate of the Minister for the Environment and Water, recognises the ecological sustainability of the fishery operations, subject to certain conditions aimed at ensuring the ongoing protection of species and habitats. These conditions include compliance with specified management frameworks and the implementation of strategies to manage and recover specific species stocks within the fishery. The declaration is made under the authority of the EPBC Act and is subject to review and appeal processes provided by the Administrative Appeals Tribunal Act 1975. The validity of the declaration is set until 13 March 2026, and it is contingent upon adherence to the conditions outlined in Schedule 1. These conditions mandate reporting, strategy development, and compliance with fisheries management laws to safeguard the ecological integrity of the fishery. The declaration underscores the commitment to balancing economic activities with environmental conservation, ensuring that the fishery operations contribute to the sustainable use of natural resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, through the declaration of an approved wildlife trade operation, applies to the South Australian Lakes and Coorong Fishery as defined under the Fisheries Management Act 2007 (SA) and related regulations and management plans. This declaration, made by Adam Sincock, the Principal Director of the Wildlife Trade Office, acting as a delegate of the Minister for the Environment and Water, ensures that the operations for harvesting fish and invertebrate specimens in the specified fishery are compliant with the EPBC Act. Notably, this approval 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. This declaration is valid until 13 March 2026 and is subject to specific conditions outlined in Schedule 1, which mandate adherence to South Australian fisheries legislation and require various reporting and strategy implementation measures by the Department of Primary Industries and Regions, South Australia. These conditions aim to ensure the sustainable management of the fishery and the protection of relevant species and ecosystems.

Key Provisions

The main operative sections of this legislation declare the South Australian Lakes and Coorong Fishery's wildlife trade operations 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 excludes specimens belonging to certain listed species and taxa, such as those listed under sections 209, 248, 303BC, and 303CA of the EPBC Act (section 303FN). The declaration is valid until 13 March 2026, unless amended or revoked, and it is subject to conditions specified in Schedule 1 (section 303FT). These conditions pertain to the management and operation of the fishery, including adherence to specific South Australian legislation and regulations, and the reporting and assessment of fisheries data and management strategies. The obligations imposed by this legislation on the parties involved primarily focus on the Department of Primary Industries and Regions, South Australia. This department must ensure that the operation of the fishery complies with the specified South Australian laws and regulations (Condition 1). Additionally, the department is required to notify the Department of Climate Change, Energy, the Environment and Water of any material changes to the fishery management arrangements or relevant legislation that may impact the assessment of the operation against the EPBC Act (Conditions 2 and 3). Furthermore, the department must produce annual reports on the fishery's progress and implement specific recovery strategies for certain fish species, such as black bream and greenback flounder, by specified deadlines (Conditions 4 to 6 and 8). The department is also tasked with reviewing and implementing mitigation measures for interactions with long-nosed fur seals and publishing an updated ecological risk assessment for the fishery (Conditions 7 and 9). The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of the conditions specified in Schedule 1. However, given the context of the Environment Protection and Biodiversity Conservation Act 1999, breaches of the conditions could potentially lead to enforcement actions under the EPBC Act, which may include fines, compliance orders, or other regulatory measures. The consequences for non-compliance would depend on the severity and nature of the breach, as well as the specific provisions of the EPBC Act and related regulations.

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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.