Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – SOUTH AUSTRALIAN MARINE SCALEFISH FISHERY, JUNE 2025
I, Belinda Jago, Branch Head, Ocean and Wildlife, 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 11 December 2023 for the South Australian Marine Scalefish Fishery as defined in the management regime in force under the Fisheries Management Act 2007 (SA) and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2017 (SA), the Fisheries Management (General) Regulations 2017 (SA) and the Fisheries Management (Fish Processor) Regulations 2017, such that the condition specified in Schedule 1 to that declaration is varied as follows:
In Condition 5, delete the words
a) By 30 June 2025 implement vessel monitoring systems on all Marine Scalefish Fishery vessels including geofences around sea lion colonies.
and replace with the words
a) By 15 January 2026 implement vessel monitoring systems on all Marine Scalefish Fishery vessels including geofences around sea lion colonies.
Dated this 25th day of June 2025
BELINDA JAGO
………….…….……………………….........
Delegate of the Minister for the Environment and Water
Notes:
- 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.
- 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 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 by the Australian Parliament to address the need for comprehensive protection of the environment and biodiversity, particularly in relation to trade in wildlife and ecosystems that transcend state boundaries. This Act aims to integrate environmental considerations into decision-making processes and to provide a robust framework for the conservation and sustainable use of biodiversity. The EPBC Act facilitates Australia’s compliance with international obligations, such as those under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The policy objective of the Act is to ensure that the environment and biodiversity are protected through effective management and regulation of activities that may impact them. This includes the regulation of trade in wildlife and the implementation of measures to prevent the detrimental effects of such trade on species and ecosystems.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as varied through this notifiable instrument, applies to the South Australian Marine Scalefish Fishery, encompassing all vessels and entities involved in this fishery as defined by the relevant state legislation. This amendment specifically targets the implementation of vessel monitoring systems and geofences around sea lion colonies, which are critical for protecting marine wildlife and ensuring sustainable fishing practices. The geographic reach of this Act is national, but the specific application pertains to marine activities within South Australia's jurisdictional waters. This legislation does not exclude any particular entities from its purview, but rather extends its application to all relevant operators within the specified fishery. The Act’s application can be further extended or restricted through subordinate instruments, providing flexibility to adapt to changing environmental and operational conditions.
Key Provisions
The key provision of this legislation, as outlined in section 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), involves a variation to the declaration of an approved wildlife trade operation for the South Australian Marine Scalefish Fishery (section 303FT(7)(b)). Specifically, the variation extends the deadline for implementing vessel monitoring systems, including geofences around sea lion colonies, from 30 June 2025 to 15 January 2026 (Schedule 1, Condition 5). This variation is intended to allow additional time for the fishery to comply with environmental protection measures that safeguard marine life, particularly sea lions.
The Act imposes several obligations on the parties involved in the South Australian Marine Scalefish Fishery. Firstly, the management regime established under the Fisheries Management Act 2007 (SA) and its related regulations (Fisheries Management (Marine Scalefish Fisheries) Regulations 2017 (SA), Fisheries Management (General) Regulations 2017 (SA), and Fisheries Management (Fish Processor) Regulations 2017) must be adhered to. The fishers and processors must ensure compliance with the varied condition by implementing the specified vessel monitoring systems by the new deadline. Additionally, the Act requires the Minister for the Environment and Water, through the Delegate, to monitor and enforce compliance with these provisions to maintain the ecological balance and protect endangered species.
Failure to comply with the provisions of the Environment Protection and Biodiversity Conservation Act 1999 can result in various civil and criminal consequences. The specific penalties are not detailed in the notifiable instrument but generally, breaches of the EPBC Act can lead to substantial fines and potential imprisonment. For instance, under section 474 of the EPBC Act, an individual can face fines of up to $66,000 and/or imprisonment for up to two years for a strict liability offence, while more serious offences can attract higher penalties. Additionally, corporations can be fined up to $330,000 for similar offences. These penalties underscore the seriousness with which the Act treats non-compliance and the importance of adhering to the stipulated deadlines and conditions.