Declaration of an Approved Wildlife Trade Operation – Tasmanian Scallop Fishery, July 2026

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

Legislation au F2026N00528 In force Notifiable Instrument

Legislation content

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – TASMANIAN SCALLOP FISHERY, JULY 2026

I, BELINDA JAGO, Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Department of Natural Resources and Environment Tasmania and advice on the ecological sustainability of the operation. I am satisfied on those matters specified in section 303FN of the EPBC Act. I hereby declare the operations for the harvesting of specimens that are or are derived from invertebrates taken in the Tasmanian Scallop Fishery as defined in the management regime in force under the Living Marine Resources Management Act 1995 (Tas) and associated subordinate legislation the Fisheries (Scallop) Rules 2020 (Tas), but not including:

  1.     specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or
  2.    specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or
  3.     specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
  4.    specimens that belong to taxa listed under section 303CA of the EPBC Act (taxa listed in the CITES Appendices).

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:

  1.               is valid until 20 July 2031 and;
  2.              is subject to the conditions applied under section 303FT specified in Schedule 1.

 

Dated this 20th day of July 2026

 

BELINDA JAGO

 

………….…….…………………………………

Delegate of the Minister for the Environment and Water

Notes:

Under the Administrative Review Tribunal Act 2024, 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 Climate Change, Energy, the Environment and Water within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Review 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, Sustainable Fisheries Section, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.gov.au.


Schedule 1

Declaration of the harvest operations of the Tasmanian Scallop Fishery as an approved wildlife trade operation, July 2026

 

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), unless those specimens are subject to any exceptions as outlined in this declaration, taken in the Tasmanian Scallop Fishery:

Condition 1

Export approval for the Tasmanian Scallop Fishery (the fishery) has been provided on the basis the fishery will be managed in accordance with the Fisheries (Scallop) Rules 2020 (Tas) in accordance with the Living Marine Resources Management Act 1995 (Tas).

During the term of the export approval, the Tasmanian Department of Natural Resources and Environment must:

  1.       Consistent with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries, provide the Department of Climate Change, Energy, the Environment and Water (the department), with an annual report by 30 September each year.
  2.       In the interim, if there are any intended changes to legislative instruments, or material changes to management arrangements, that may affect the basis on which the export approval was made for this fishery, the department must be notified.

Condition 2

The Tasmanian Department of Natural Resources and Environment must develop and publish a harvest strategy for the Tasmanian Scallop Fishery by 1 December 2027.

This should include clearly defined management objectives for the fishery, along with supporting performance indicators, triggers, and management responses.

Condition 3

The Tasmanian Department of Natural Resources and Environment must implement a data collection program for the Tasmanian Scallop Fishery to improve the reliability of information on discarded bycatch and validate protected species interactions by 31 January 2028.

This may involve the use of improved logbook reporting, independent monitoring, fishery independent surveys, or other means.

The information collected must be sufficient to demonstrate the accuracy of the discarded bycatch and protected species interaction data collected in the fishery.

Condition 4

The Tasmanian Department of Natural Resources and Environment must:

  1.       publish an ecological risk assessment for Tasmanian Scallop Fishery considering impact of scallop dredging on target, byproduct, bycatch (including protected species), habitats, and the broader ecosystem by 31 January 2029.
  2.       develop and implement ecological risk mitigation measures to address any risk identified as being high or severe in the ecological risk assessment by 24 January 2031.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive protection of the environment, particularly in relation to biodiversity conservation and the management of wildlife trade. The Act serves to safeguard Australia's unique biodiversity and to manage the ecological impacts of trade and operations that may affect protected species and ecosystems. This legislation was introduced by the Australian Parliament with the overarching policy objective of ensuring that trade and activities do not contribute to the decline of native species or ecosystems. The Act provides a framework for the protection of biodiversity through the regulation of activities that may impact on threatened species, endangered ecological communities, and other biodiversity values. This includes the declaration of approved wildlife trade operations, such as the Tasmanian Scallop Fishery, which are managed to ensure they do not adversely affect protected species or ecosystems, thereby maintaining ecological sustainability.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the Tasmanian Scallop Fishery through a declaration made by the Delegate of the Minister for the Environment and Water, in this case, Belinda Jago. The declaration pertains to the operations for the harvesting of specimens that are or are derived from invertebrates taken in the fishery, excluding specimens that are part of taxa listed under sections 209, 248, and 303CA of the EPBC Act or are eligible listed threatened species as defined under section 303BC. This declaration identifies the fishery as an approved wildlife trade operation, subject to specific conditions aimed at ensuring ecological sustainability and adherence to relevant legislative instruments. The geographic scope of this declaration is limited to the waters of Tasmania, within the legislative framework of the Living Marine Resources Management Act 1995 (Tas) and the Fisheries (Scallop) Rules 2020 (Tas). The declaration is effective until 20 July 2031 and is subject to conditions outlined in Schedule 1, which include the requirement for annual reporting, the development and publication of a harvest strategy, the implementation of a data collection program for bycatch and protected species interactions, and the publication of an ecological risk assessment along with the development and implementation of ecological risk mitigation measures.

Key Provisions

The main operative sections of this declaration (F2026N00528) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are sections 303FN and 303FT. Section 303FN allows the Minister for the Environment and Water to declare an operation as an approved wildlife trade operation if certain criteria are met, focusing on the ecological sustainability and adherence to existing management regimes. Section 303FT details the conditions that must be satisfied to maintain the approval of this operation, ensuring that the fishery is managed sustainably and transparently. The declaration explicitly excludes specimens listed under specific sections of the EPBC Act, including migratory species, marine species, listed threatened species, and taxa listed in the CITES Appendices. The obligations imposed by this Act on the parties involved, primarily the Tasmanian Department of Natural Resources and Environment, are stringent. They must provide annual reports to the Department of Climate Change, Energy, the Environment and Water by 30 September each year, detailing the management of the fishery and any changes to legislative instruments or management arrangements. Additionally, by 1 December 2027, they must develop and publish a comprehensive harvest strategy for the Tasmanian Scallop Fishery, including management objectives, performance indicators, and triggers. They are also required to implement a robust data collection program by 31 January 2028 to improve the reliability of information on discarded bycatch and validate interactions with protected species. Furthermore, by 31 January 2029, they must publish an ecological risk assessment for the fishery and develop and implement ecological risk mitigation measures by 24 January 2031. The declaration outlines several potential consequences for breaches of its conditions. While specific penalties are not detailed in the document, breaches of the EPBC Act can result in both civil and criminal penalties. Civil penalties can include fines up to several thousand Australian dollars, depending on the severity and nature of the breach. Criminal penalties can be more severe, including fines of up to $1.1 million and/or imprisonment for up to five years for individuals, and higher fines for corporations. These penalties are designed to enforce compliance with environmental protection laws and ensure the sustainable management of natural resources.

Legal classification tags

Area of Law
Environmental Law
Instrument
Notifiable instrument
Concepts
Reporting & Disclosure Obligations
Compliance Obligations
Enforcement Powers
Licensing & Registration

Interactions

Authorises

All Versions

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.