Declaration of an Approved Wildlife Trade Operation – Tasmanian Marine Plant Fishery, December 2017

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to support ecologically sustainable development. The Act was introduced to address the need for comprehensive environmental protection and biodiversity conservation laws in Australia, aiming to ensure that development and resource use do not significantly harm the environment. The Act is administered by the Commonwealth Parliament and has the policy objective of integrating environmental considerations into decision-making processes. In December 2017, a declaration under the EPBC Act was made to recognise the Tasmanian Marine Plant Fishery's operations as an approved wildlife trade operation, subject to specific conditions to ensure ecological sustainability and compliance with the EPBC Act and other relevant legislation. This declaration was issued by the Delegate of the Minister for the Environment and Energy, following an application by the Tasmanian Department of Primary Industries, Parks, Water and Environment and after considering the ecological sustainability of the operation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operations of the Tasmanian Marine Plant Fishery concerning the harvesting of specimens that are or are derived from fish or invertebrates, excluding those that belong to species listed under Part 13 of the EPBC Act, except for species listed in the conservation dependent category, and those listed under section 303CA of the EPBC Act (Australia’s CITES list). The application of this Act is specific to the operations defined under the Living Marine Resources Management Act 1995 (Tas) and Fisheries (Marine Plant) Rules 2017 (Tas). This declaration by the delegate of the Minister for the Environment and Energy sets the Tasmanian Marine Plant Fishery as an approved wildlife trade operation under the EPBC Act, subject to the conditions specified in the Schedule until 11 December 2020. The operations must comply with the management regime outlined in the Tasmanian legislation and involve reporting and monitoring to ensure ecological sustainability. Additionally, the Tasmanian Department of Primary Industries, Parks, Water and Environment is required to collaborate with other stakeholders to develop appropriate licensing conditions and monitoring activities to protect listed shorebird species.

Key Provisions

The main operative sections of this declaration, as stated in section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), declare the operations for the harvesting of fish specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act or listed under section 303CA of the EPBC Act, to be an approved wildlife trade operation for the purposes of the EPBC Act. This declaration applies to the Tasmanian Marine Plant Fishery, managed under the Living Marine Resources Management Act 1995 (Tas) and Fisheries (Marine Plant) Rules 2017 (Tas). Unless amended or revoked, this declaration is valid until 11 December 2020 and is subject to the conditions specified in the Schedule. The obligations and requirements imposed by this Act primarily pertain to the Tasmanian Department of Primary Industries, Parks, Water and Environment. This department must ensure that the operations are carried out in accordance with the specified management regime. Additionally, the department is required to inform the Department of the Environment and Energy of any intended material changes to the Tasmanian Marine Plants Fishery management arrangements that may affect the assessment against which EPBC Act decisions are made. Furthermore, the department must produce and present annual reports to the Department of the Environment and Energy as per Appendix B of the 'Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition'. These reports should include data collected and analysed from each harvesting site and any proposed management changes. The department is also tasked with collaborating with other state government agencies, industry, and the community to develop appropriate licensing conditions and monitoring activities for the protection of listed shorebird species. All relevant data from these monitoring programs must be included in the annual report sent to the Department of the Environment and Energy. Under the EPBC Act, any breach of the conditions specified in the Schedule could lead to civil or criminal consequences. The Act does not explicitly state the maximum penalties for such breaches, but violations of the EPBC Act can generally result in substantial fines and potential imprisonment, depending on the severity and circumstances of the breach. Additionally, affected parties have the right to apply to the Department of the Environment and Energy within 28 days for reasons for the decision, and they may also apply for an independent review by the Administrative Appeals Tribunal within the same timeframe. Failure to comply with these provisions could result in further legal actions and penalties as determined by the relevant authorities.