Declaration of an Approved Wildlife Trade Operation – South Australian Lakes and Coorong Fishery, March 2026

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 regulation of activities that may have significant environmental impacts. This legislation was introduced by the Australian Parliament to provide a national approach to environmental protection, integrating biodiversity conservation with other environmental considerations. The policy objective of the EPBC Act is to safeguard Australia's environment, particularly its biodiversity, by preventing significant harm from actions that may affect the environment, including wildlife trade operations. This is achieved through the regulation of activities that may impact listed threatened species, migratory species, marine species, and species listed under international conventions such as CITES. The declaration of an approved wildlife trade operation for the South Australian Lakes and Coorong Fishery, made under section 303FN of the EPBC Act, aims to ensure that the harvesting of fish and invertebrate specimens from this fishery is conducted in an ecologically sustainable manner. The declaration specifies that certain specimens, such as those belonging to listed migratory, marine, threatened, or CITES-listed species, are excluded from the approved operation. The operations are subject to conditions outlined in Schedule 1, including annual reporting requirements and the provision of an updated bycatch species composition and discard report. This declaration ensures compliance with Australia's obligations under the CITES and supports the ecological sustainability of the fishery, contributing to the broader objectives of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and activities impacting the environment, including wildlife trade operations. In this specific instance, the Act has been invoked to declare the South Australian Lakes and Coorong Fishery as an approved wildlife trade operation, subject to certain conditions and exclusions. This declaration pertains to the harvesting of fish or invertebrate specimens, excluding those listed under specific sections of the EPBC Act such as Australia’s List of Migratory Species, Australia’s List of Marine Species, eligible listed threatened species, and taxa listed in the CITES Appendices, with a notable exception for the bronze whaler (Carcharhinus brachyurus). The declaration is valid until 3 March 2031, and it is subject to conditions outlined in Schedule 1, including the provision of annual reports and updated bycatch species composition reports. The Act extends its reach to ensure compliance with national and international biodiversity conservation standards, with the ability to impose further conditions or restrictions through subordinate instruments as necessary.

Key Provisions

The primary operative sections of this declaration pertain to the approval of wildlife trade operations concerning the South Australian Lakes and Coorong Fishery. Specifically, section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) allows the Delegate of the Minister for the Environment and Water to declare certain wildlife trade operations as approved. This declaration specifies that the operations for harvesting fish and invertebrate specimens, excluding those listed in certain sections of the EPBC Act, are considered an approved wildlife trade operation. This approval is valid until 3 March 2031 and is subject to conditions outlined in Schedule 1 of the declaration. The obligations and requirements imposed by this Act on the relevant parties include the management of the South Australian Lakes and Coorong Fishery in accordance with the Fisheries Management Act 2007 (SA) and its associated regulations. The Department of Primary Industries and Regions South Australia must adhere to the guidelines set forth by the EPBC Act, including providing an annual report to the Department of Climate Change, Energy, the Environment and Water by 31 August each year. Additionally, any changes to legislative instruments, management arrangements, or deviations from the management plan due to exceptional circumstances must be reported to the department. Furthermore, by 30 September 2027, an updated bycatch species composition and discard report for the finfish sector must be submitted. There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breach of the provisions of this declaration. However, the declaration does note that 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. Failure to comply with the obligations and requirements may result in the revocation of the approval or other administrative actions as deemed appropriate by the relevant authorities.