Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the management of biodiversity and ecological processes. The EPBC Act addresses the problem of biodiversity loss and environmental degradation by setting out measures to protect and conserve Australia's environment. The Act was enacted by the Parliament of Australia and aims to achieve ecologically sustainable development through the protection of the environment. In accordance with the EPBC Act, this declaration by Paul Murphy, the Delegate of the Minister for the Environment, recognises the operations for the harvesting of fish or invertebrate specimens in the Southern and Eastern Scalefish and Shark Fishery as an approved wildlife trade operation, subject to specific conditions to ensure ecological sustainability and compliance with management arrangements under the Fisheries Management Act 1991. This declaration aims to facilitate responsible fishing practices while protecting biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the declaration of an approved wildlife trade operation, which in this case pertains to the harvesting of specimens that are, or are derived from, fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, except for species in the conservation dependent category. This declaration applies specifically to the operations of the Southern and Eastern Scalefish and Shark Fishery, as outlined in the management plan under the Fisheries Management Act 1991 and the Fisheries Management Regulations 1992. The declaration, made by the Delegate of the Minister for the Environment, validates these operations under the EPBC Act, subject to certain conditions that include the adherence to the existing management arrangements, annual reporting to the Department of the Environment, and ongoing evaluation of the management strategies for conservation dependent species. The geographic scope of this legislation is national, as it concerns a Commonwealth-regulated fishery, and it will remain in effect until February 21, 2019, unless otherwise amended or revoked. The application for independent review or further information can be directed to the specified authorities within the stipulated timeframes.

Key Provisions

The main operative sections of the declaration concern the approval of a wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303FN specifies the conditions under which such an approval can be granted, while section 303FT outlines the specific conditions that must be adhered to by the Australian Fisheries Management Authority (AFMA) for the operations related to the Southern and Eastern Scalefish and Shark Fishery (SESSF). The declaration, as per section 303FN(2) and paragraph 303FN(10)(d), recognises these operations as an approved wildlife trade operation, provided they do not involve species listed under Part 13 of the EPBC Act, excluding those in the conservation dependent category. The declaration is valid until 21 February 2019 and is subject to the conditions detailed in the Schedule. The obligations imposed on AFMA and other relevant entities include ensuring that the operations comply with the management arrangements under the Fisheries Management Act 1991 and the Fisheries Management Regulations 1992. AFMA must inform the Department of the Environment of any material changes to the management arrangements that may impact the assessment criteria for EPBC Act decisions (section 303FT(2)). Additionally, AFMA is required to submit annual reports to the Department of the Environment as per Appendix B of the ‘Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition’ (section 303FT(3)). AFMA must also ensure that management measures are in place to meet the objectives of rebuilding strategies and management strategies for species listed as conservation dependent under the EPBC Act and continue to evaluate and report on the effectiveness of these strategies (section 303FT(4)). Furthermore, AFMA must regularly review ecological risk assessments, consider the cumulative impact of all Commonwealth commercial fisheries in the area, and implement management actions to mitigate risks and impacts for high-risk species (section 303FT(5)). For breaches of the conditions outlined in the declaration or the EPBC Act, there are potential civil and criminal consequences. Although the specific penalties are not detailed in the declaration, breaches of the EPBC Act can result in substantial penalties. Under the EPBC Act, individuals or entities found guilty of offences can face significant fines and, in some cases, imprisonment. For instance, unauthorised actions that result in the death or injury of a listed threatened species can incur fines of up to $666,666 for individuals and $3,333,330 for corporations, along with potential imprisonment terms. Similarly, unauthorised actions that cause harm to the habitat of a listed threatened species can result in fines of up to $333,333 for individuals and $1,666,650 for corporations. These penalties underscore the importance of adhering to the conditions set forth in the declaration and the overarching requirements of the EPBC Act.