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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework for the protection of the environment, particularly biodiversity, and to ensure Australia meets its international obligations, such as those under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The EPBC Act is administered by the Australian Government and aims to protect and manage Australia's biodiversity and heritage places, both nationally and internationally. In October 2024, the Act was utilised to vary the declaration of an approved wildlife trade operation for the South Australian Lakes and Coorong Fishery, focusing on the management of greenback flounder populations and their environmental impacts. This legislative action reflects the policy objective of ensuring sustainable management practices while fulfilling Australia's commitments under international conservation agreements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to entities and persons involved in wildlife trade operations within Australia, including the South Australian Lakes and Coorong Fishery. This Act extends its jurisdiction across the Commonwealth and mandates compliance with national environmental standards, including those concerning the conservation of biodiversity. The Act applies to fisheries operations, particularly focusing on the management and conservation of species like the greenback flounder. The declaration and subsequent variation of conditions under the Act involve the South Australian Department of Primary Industries and Regions, which is responsible for implementing adaptive management options and reporting progress to the Department of Climate Change, Energy, the Environment and Water. Additionally, the Act incorporates Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, regulating the export of species listed in Appendix II of Australia's CITES list through non-detriment findings issued by the CITES Scientific Authority. The Act does not specify exclusions or exemptions, but its application can be further refined through subordinate instruments and regulations.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes provisions that allow for the declaration and variation of approved wildlife trade operations. Under section 303FT(7)(b) of the EPBC Act, the Minister for the Environment and Water has delegated the authority to vary such declarations, as evidenced by the recent variation for the South Australian Lakes and Coorong Fishery. The original declaration, dated 15 November 2023, included a condition (Condition 6) that required the Department of Primary Industries and Regions, South Australia to develop and implement a recovery strategy for greenback flounder by 28 February 2025. This condition has now been varied to require the Department, in collaboration with relevant stakeholders, to investigate potential adaptive management options for greenback flounder and report on its progress to the Department of Climate Change, Energy, the Environment and Water by the same date. The obligations imposed by this variation are primarily on the Department of Primary Industries and Regions, South Australia, which must now focus on investigating adaptive management options for greenback flounder, rather than developing a formal recovery strategy. This includes considering the environmental impacts on the greenback flounder stock within the Lakes and Coorong Fishery and ensuring a report on progress is submitted to the relevant federal department by the specified deadline. Additionally, the variation highlights the importance of stakeholder collaboration in managing fishery resources and addressing environmental concerns. Failure to comply with the varied condition could result in breaches of the EPBC Act. While the specific penalties for breaches are not detailed in the notifiable instrument, general provisions within the EPBC Act could apply. These may include fines and imprisonment for individuals and corporate entities, with the severity of the penalty depending on the nature and extent of the breach. Additionally, non-compliance may lead to revocation of the approved wildlife trade operation status, which could have significant implications for the fishery's operations and compliance with federal environmental laws. Under the Administrative Appeals Tribunal Act 1975, any person whose interests are affected by this variation can apply for a statement of reasons and an independent review of the decision. An application for a statement of reasons can be made to the Department of Climate Change, Energy, the Environment and Water within 28 days of the date of the declaration, while an application for independent review can be made to the Administrative Appeals Tribunal within 28 days of the declaration date or within 28 days of receipt of reasons if reasons are sought. Further information and contact details are provided for those wishing to make an application or seek clarification on the variation.