Declaration of an Approved Wildlife Trade Operation – Tasmanian Marine Plant Fishery, December 2020

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2020N00146 Not in force Notifiable Instrument

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COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – TASMANIAN MARINE PLANT FISHERY, DECEMBER 2020

 

I, Laura Timmins, Senior Director, Wildlife Trade Office, as Delegate of the Minister for the Environment:

(a)      having considered the public comment received in response to an invitation under section 303FR

(b)      being satisfied as to those matters set out in section 303FN

declare the Tasmanian Marine Plant Fishery as defined in the management regime in force under the Living Marine Resources Management Act 1995 (Tasmania), and the Fisheries (Marine Plant) Rules 2017 (Tasmania), but not including:

(c)    specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or

(d)   specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or

(e)    specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or

(f)     specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).

to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d), for the purposes of the EPBC Act.

 

Unless amended or revoked, this declaration:

a)              is valid for three years from the day after the date of registration on the Federal Register
of Legislation;

b)             is subject to the conditions applied under section 303FT specified in the Schedule.

 

 

Dated this 3rd day of December 2020

 

 

 

………Laura Timmins………
 

Delegate of the Minister for the Environment

 

Notes:                                                                                                                                                                          

1. Under the Administrative Appeals Tribunal Act 1975, 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 Agriculture, Water and the Environment within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Appeals 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, Wildlife Trade Assessments Section, Department of Agriculture, Water and the Environment, Telephone: (02) 6274 1917 Email: sustainablefisheries@awe.gov.au.

 

Declaration of the harvest operations of the Tasmanian Marine Plant Fishery as an approved wildlife trade operation, December 2020

 

ADDITIONAL PROVISIONS (section 303FT)

 

Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the Tasmanian Marine Plant Fishery:

 

  1. Operation of the Tasmanian Marine Plant Fishery will be carried out in accordance with the management regime under the Living Marine Resources Management Act 1995 (Tas) and Fisheries (Marine Plant) Rules 2017 (Tas).
  2. The Tasmanian Department of Primary Industries, Parks, Water and Environment to inform the Department of Agriculture, Water and the Environment of any intended material changes to the Tasmanian Marine Plant Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 (Cth) decisions are made.
  3. The Tasmanian Department of Primary Industries, Parks, Water and Environment to produce and present reports to the Department of Agriculture, Water and the Environment annually as per Appendix B of the ‘Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition’.
  4. The Department of Primary Industries, Parks, Water and Environment to collect and analyse logbook data for each harvesting site, and provide this information to the Department of Agriculture, Water and the Environment as part of the annual report for the fishery in line with Conditions 2 and 3.
  5. The Department of Primary Industries, Parks, Water and Environment to continue to collaborate with other state government agencies, industry, and the community, to develop, maintain and improve appropriate licencing conditions and monitoring activities to ensure ongoing protection of listed shorebird and migratory species.

Any data obtained from monitoring programs must be included in the annual report sent to the Department in line with Conditions 2 and 3.

6.       By 31 January 2022, The Department of Primary Industries, Parks, Water and Environment to amend and implement mandatory logbooks to facilitate the reporting of interactions with Threatened, Endangered and Protected Species (TEPS) and Threatened, Endangered and Protected Communities (TECs), as well as any bycatch incidentally collected during the harvest of all species in the fishery.

7.       By 31 January 2022, The Department of Primary Industries, Parks, Water and Environment is to produce and make available to fishers information concerning possible EPBC-Act protected matters that may be interacted with during the harvest process, and particularly threatened, endangered and protected species (TEPS) and threatened ecological communities (TECs).

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. The Act was introduced to address the need for a comprehensive framework to protect Australia’s environment, including its biodiversity and heritage, from significant impacts caused by activities and developments. Enacted by the Parliament of Australia, the policy objective of the EPBC Act is to promote ecologically sustainable development by protecting and conserving Australia's biodiversity and heritage. The Act operates through a system of assessment and approval of activities that may have a significant impact on matters of national environmental significance. In accordance with the EPBC Act, the Tasmanian Marine Plant Fishery has been declared an approved wildlife trade operation, subject to certain exclusions and conditions. This declaration aims to ensure that the fishery operates sustainably and does not negatively impact protected species and ecological communities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been used to declare the Tasmanian Marine Plant Fishery as an approved wildlife trade operation. This declaration applies to the harvest operations of the Tasmanian Marine Plant Fishery, which must be conducted in accordance with the management regime under the Living Marine Resources Management Act 1995 (Tas) and Fisheries (Marine Plant) Rules 2017 (Tas). The operation is approved for the trade of fish specimens that are, or are derived from, fish or invertebrates, excluding those listed under Part 13 and Part 13A of the EPBC Act. Notably, the declaration does not include specimens belonging to taxa listed under section 209 (Australia’s List of Migratory Species), section 248 (Australia’s List of Marine Species), eligible listed threatened species under section 303BC, or taxa listed under section 303CA (Australia’s CITES List). The declaration is valid for three years from the date of registration and is subject to specific conditions outlined in the Schedule, including annual reporting requirements and the implementation of mandatory logbooks for interactions with protected species by January 2022. The declaration can be reviewed under the Administrative Appeals Tribunal Act 1975.

Key Provisions

The primary operative sections of the legislation (sections 303FN and 303FT) declare the Tasmanian Marine Plant Fishery as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), subject to certain exclusions and conditions. This declaration recognises the fishery's management regime as outlined in the Living Marine Resources Management Act 1995 (Tasmania) and the Fisheries (Marine Plant) Rules 2017 (Tasmania), but excludes specimens belonging to taxa listed under sections 209, 248, 303BC, and 303CA of the EPBC Act. The operation is valid for three years from the date of registration on the Federal Register of Legislation, and it is subject to conditions specified in the Schedule, which includes annual reporting requirements and the implementation of mandatory logbooks by 31 January 2022. The obligations imposed by the legislation include adherence to the management regime under the Living Marine Resources Management Act 1995 (Tas) and the Fisheries (Marine Plant) Rules 2017 (Tas). The Tasmanian Department of Primary Industries, Parks, Water and Environment is required to inform the Department of Agriculture, Water and the Environment of any material changes to the fishery's management arrangements. Additionally, the Department must produce and present annual reports to the Department of Agriculture, Water and the Environment, in accordance with Appendix B of the 'Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition'. They must also collect and analyse logbook data for each harvesting site and include this information in the annual report, as well as collaborate with other state government agencies, industry, and the community to develop and improve licensing conditions and monitoring activities. The legislation outlines specific offences and penalties for breaches, although the exact penalties are not stated in the provided text. Under the Administrative Appeals Tribunal Act 1975, 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 Agriculture, Water and the Environment within 28 days of the date of the declaration, and an application for independent review may be made to the Administrative Appeals 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. The legislation also notes that further information may be obtained from the Director, Wildlife Trade Assessments Section, Department of Agriculture, Water and the Environment.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.