Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with regard to matters of national environmental significance. The Act was introduced to address the problem of environmental degradation and biodiversity loss, ensuring that significant environmental impacts are assessed and managed effectively. This legislation empowers the Commonwealth to protect and manage the environment, including wildlife, ecosystems, and heritage places, by regulating activities that may cause harm. The EPBC Act is administered by the Parliament of Australia, with the policy objective of promoting ecologically sustainable development by integrating environmental considerations into decision-making processes. The Act allows for the declaration of approved wildlife trade operations, ensuring that such activities are conducted in an ecologically sustainable manner, as demonstrated in the recent declaration concerning the Tasmanian Marine Plant Fishery.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and operations involved in wildlife trade within Australia, particularly in this instance to the operations carried out by the Tasmanian Department of Natural Resources and Environment in the Tasmanian Marine Plant Fishery. This declaration specifically pertains to the harvesting of specimens derived from fish or invertebrates, excluding certain species listed under the EPBC Act, such as those listed as migratory species, marine species, threatened species, or those covered under Australia's CITES List. This declaration is made under the authority of the Minister for the Environment and Water and applies nationally, although it is focused on operations within the state of Tasmania. The declaration is valid until 5 December 2026 and is subject to specific conditions outlined in Schedule 1, which include adherence to the management regime under the Living Marine Resources Management Act 1995 (Tas) and Fisheries (Marine Plant) Rules 2017 (Tas), reporting requirements, and review of harvest levels. The application of this declaration may be extended or modified through subordinate instruments or amendments as deemed necessary.

Key Provisions

The main operative sections of this notifiable instrument (F2023N00586) pertain to the declaration of the Tasmanian Marine Plant Fishery operations as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303FN and 303FN(10)(d)). This declaration applies to the harvesting of specimens derived from fish or invertebrates in the Tasmanian Marine Plant Fishery, with specific exclusions for certain listed species and taxa (section 303FN(10)(d)). The operation is approved until 5 December 2026, subject to specific conditions outlined in Schedule 1. These conditions include adherence to the management regime under the Living Marine Resources Management Act 1995 (Tas) and Fisheries (Marine Plant) Rules 2017 (Tas), and the provision of annual reports and notifications to the Department of Climate Change, Energy, the Environment and Water regarding any changes to management arrangements or harvest levels. The obligations imposed by this declaration primarily concern the Tasmanian Department of Natural Resources and Environment. They must ensure that the operations are conducted in accordance with the specified management regime and report any material changes to the fishery management arrangements or relevant legislation to the Department of Climate Change, Energy, the Environment and Water. Additionally, they are required to submit annual reports detailing the status of the fishery, including harvest levels and any changes detected, ensuring these reports are consistent with the guidelines for the ecologically sustainable management of fisheries. These obligations aim to maintain transparency and ecological sustainability in the operation of the Tasmanian Marine Plant Fishery. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the declaration for breach of the conditions specified in Schedule 1. However, failure to comply with the conditions or the obligations under the EPBC Act could lead to potential legal actions, including revocation of the approval, fines, and other penalties as stipulated under the EPBC Act. The specific penalties for non-compliance would depend on the nature and severity of the breach, and would be adjudicated under the relevant sections of the EPBC Act. The declaration, however, does not specify these penalties but refers to the possibility of independent review and appeal processes under the Administrative Appeals Tribunal Act 1975 for those affected by the decision.