Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to provide for the protection of the environment, particularly matters of national environmental significance. This legislation aims to address the problem of unsustainable wildlife trade practices and ensure that such activities do not negatively impact the environment. In September 2019, the Assistant Secretary, Wildlife Trade, acting as a delegate of the Minister for the Environment, declared the operations for the harvesting of specimens from the South Australian Marine Scalefish Fishery as an approved wildlife trade operation, in accordance with the EPBC Act. This declaration was made considering the management regime under the Fisheries Management Act 2007 (SA) and associated regulations, public comments on the proposal, and advice on the ecological sustainability of the operation. The policy objective of this declaration is to ensure the sustainable management of the fishery while protecting the environment from potential adverse impacts of wildlife trade activities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the South Australian Marine Scalefish Fishery, which involves the harvesting of specimens that are or are derived from fish or invertebrates, excluding specimens that belong to eligible listed threatened species or taxa listed under Australia’s CITES list. This declaration by the Assistant Secretary, Wildlife Trade, designates these operations as an approved wildlife trade operation under the EPBC Act, effective until September 9, 2022. The declaration is contingent on the fishery adhering to the management regime outlined in the Fisheries Management Act 2007 (SA) and its associated regulations. Additionally, the declaration stipulates conditions such as the requirement for Primary Industries and Regions South Australia (PIRSA) to inform the Department of the Environment and Energy of any significant changes to the fishery's management arrangements and to produce annual reports. PIRSA must also maintain a robust monitoring regime and report on any proposed changes to management arrangements for specific species or additional listed species. This declaration extends the application of the EPBC Act to ensure the fishery’s operations are ecologically sustainable.

Key Provisions

The primary operative sections of this legislation (F2019N00071) declare the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the South Australian Marine Scalefish Fishery, as an approved wildlife trade operation (section 303FN(2) and paragraph 303FN(10)(d)). This declaration is made under the authority of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and is effective until 9 September 2022, unless otherwise amended or revoked (section 303FN). The operations are subject to specific conditions outlined in the Schedule, which include adherence to the management regime under the Fisheries Management Act 2007 (SA) and related regulations (section 303FT). The obligations and requirements imposed by the Act on the parties involved primarily focus on compliance with the specified management regime and reporting obligations. Primary Industries and Regions South Australia (PIRSA) must ensure that the fishery is operated in accordance with the Fisheries Management Act 2007 (SA) and its associated regulations (Schedule, Condition 1). PIRSA is also required to inform the Department of the Environment and Energy of any intended material changes to the management arrangements that may affect the ecological sustainability assessment (Schedule, Condition 2). Additionally, PIRSA must produce annual reports detailing monitoring and reporting activities, including summaries of any trials, research, or studies conducted (Schedule, Condition 3). PIRSA must also continue to work with industry to maintain a robust monitoring and reporting regime (Schedule, Condition 4(a)). Furthermore, PIRSA must advise the Department of the Environment and Energy of any proposed changes to management arrangements for specific species, such as the Smooth Hammerhead shark (Sphyrna zygaena), and any changes to harvest levels of these species (Schedule, Condition 5(a) and (b)). PIRSA must also consult with the Department of the Environment and Energy before implementing any changes to the management arrangements for species listed under the CITES or EPBC Act (Schedule, Condition 5(c)). The legislation does not explicitly detail offences, penalties, or civil/criminal consequences for breach. However, breaches of the EPBC Act or its regulations may result in enforcement actions by the relevant authorities, potentially leading to administrative penalties, fines, or other legal consequences. The specific penalties would depend on the nature and severity of the breach, as well as the provisions of the EPBC Act and any applicable regulations. For further details on potential penalties, one would need to refer to the relevant sections of the EPBC Act and any subsidiary legislation.