Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly by addressing matters of national environmental significance. This Act addresses gaps in environmental protection and aims to ensure that biodiversity conservation is integrated into decision-making processes. The legislation was introduced by the Australian Parliament to provide a comprehensive framework for the protection of the environment, including wildlife trade operations. The policy objective of this Act is to safeguard Australia's biodiversity and manage environmental impacts effectively. In this context, the Minister for Sustainability, Environment, Water, Population and Communities has declared the operations for the harvesting of fish and invertebrate specimens, excluding those of conservation dependent species, in the Southern and Eastern Scalefish and Shark Fishery to be an approved wildlife trade operation, subject to specific conditions aimed at ensuring ecological sustainability.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that aims to protect and conserve Australia's biodiversity and environment. In this context, the Minister for Sustainability, Environment, Water, Population and Communities, has declared the operations for the harvesting of fish and invertebrate specimens in the Southern and Eastern Scalefish and Shark Fishery as an approved wildlife trade operation. This declaration is made under section 303FN of the EPBC Act and applies to operations conducted by the Australian Fisheries Management Authority, which is responsible for managing the fishery under the Fisheries Management Act 1991. The declaration is valid until February 25, 2016, and is subject to specific conditions outlined in the Schedule of the declaration, including reporting and monitoring requirements to ensure the ecological sustainability of the fishery. The Act applies to the Australian Fisheries Management Authority and its operations in the Southern and Eastern Scalefish and Shark Fishery. The geographical reach of the Act is national, as it is a Commonwealth Act. The Act does not apply to species listed under Part 13 of the EPBC Act, except those in the conservation dependent category. The Minister has considered public comments and expert advice before making the declaration, ensuring that the operations do not harm the ecological sustainability of the fishery. The Act may be extended or restricted through subordinate instruments, such as regulations or guidelines, to further regulate the wildlife trade operation and ensure compliance with the objectives of the EPBC Act.

Key Provisions

The main operative sections of this declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) include section 303FN, which outlines the criteria for declaring an approved wildlife trade operation, and section 303FT, which specifies conditions that can be applied to such operations (section 303FN(2) and paragraph 303FN(10)(d)). The declaration made by the Minister for Sustainability, Environment, Water, Population and Communities under section 303FN recognises the harvesting operations of the Southern and Eastern Scalefish and Shark Fishery as an approved wildlife trade operation, provided certain conditions are met. These operations are to be conducted in accordance with the management arrangements under the Fisheries Management Act 1991, and they pertain to specimens of fish or invertebrates that are not listed under Part 13 of the EPBC Act, excluding those in the conservation dependent category. The obligations and requirements imposed by the Act on the parties involved, primarily the Australian Fisheries Management Authority (AFMA), are multifaceted. Firstly, AFMA must inform the Department of Sustainability, Environment, Water, Population and Communities of any proposed substantive changes to the management arrangements of the fishery that could impact the ecological sustainability assessment (section 303FT). Secondly, AFMA is mandated to produce and submit annual reports to the department, following the guidelines specified in Appendix B of the "Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition." Thirdly, AFMA must ensure there is sufficient ongoing independent monitoring to understand and evaluate the impacts of fishing on threatened and protected species. This monitoring must be comprehensive across all sectors, gear types, and vessel types, with a focus on areas where fishing effort is increasing or new gear types are being used. Additionally, AFMA is required to implement and monitor long-term management measures to support the recovery of specific species such as Harrisson's dogfish and southern dogfish, and to evaluate the effectiveness of rebuilding strategies for species listed as conservation dependent. The declaration also outlines the consequences for non-compliance with the Act. Breaches of the conditions set out in the declaration could lead to various civil and criminal penalties. For instance, failing to comply with the requirement to inform the department of substantive changes to management arrangements, or neglecting to submit annual reports, could result in enforcement actions under the EPBC Act. Such actions might include fines or other penalties as specified by the Act. Additionally, failure to implement adequate monitoring or management measures to protect threatened and protected species could also lead to enforcement actions, potentially resulting in substantial fines. The exact penalties for such breaches are determined by the courts and can vary depending on the severity and nature of the breach, but they can be significant under Australian law.