Declaration of an approved Wildlife Trade Operation – Torres Strait Bêche-de-mer Fishery, November 2023

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

Legislation au F2023N00570 Not in force Notifiable Instrument

Legislation content

 

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – TORRES STRAIT BÊCHE-DE-MER FISHERY, NOVEMBER 2023
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 Australian Fisheries Management Authority 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 fish or invertebrates, taken in the Torres Strait Bêche-de-mer Fishery as defined in the management regime in force under the:
  • Torres Strait Fisheries Act 1984 (Cth),
  • Torres Strait Fisheries Regulations 1985 (Cth),
  • Torres Strait Fisheries (Bêche-de-mer) Management Instrument 2022,
  • Torres Strait Bêche-de-mer Fishery Harvest Strategy,

but not including:

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

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

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

(d)   specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List), except for black teatfish (Holothuria whitmaei) and white teatfish (Holothuria fuscogilva)

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.

This declaration commences on 30 November 2023. Unless amended or revoked, this declaration:

a)              is valid until 30 November 2026, and

b)             is subject to the conditions applied under section 303FT specified in Schedule 1.

Dated this 28th day of November 2023

Belinda Jago

………….………..…………………………………

Delegate of the Minister for the Environment and Water

Notes: 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 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 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, 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 Torres Strait Bêche-de-mer Fishery as an approved Wildlife Trade Operation, November 2023

ADDITIONAL PROVISIONS (section 303FT)

Relating to the harvesting of 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 Torres Strait Bêche-de-mer Fishery:

Condition 1

Operation of the Torres Strait Bêche-de-mer Fishery must be carried out in accordance with the management regime in force under the Torres Strait Fisheries Act 1984 (Cth), Torres Strait Fisheries Regulations 1985 (Cth), Torres Strait Fisheries (Bêche-de-mer) Management Instrument 2022 and Torres Strait Bêche-de-mer Fishery Harvest Strategy.

Condition 2

The Australian Fisheries Management Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Torres Strait Bêche-de-mer Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 (Cth) decisions are made.

Condition 3

The Australian Fisheries Management Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.

Condition 4

The Australian Fisheries Management Authority must produce and present reports on the Torres Strait Bêche-de-mer Fishery to the Department of Climate Change, Energy, the Environment and Water by November annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Condition 5

As part of the annual reporting requirement referred to in Condition 4, the Australian Fisheries Management Authority must report the following to the Department of Climate Change, Energy, the Environment and Water:

a)      the harvested weight and, where available, the number of individuals, their lengths and locations of harvest for all CITES listed species harvested in the Torres Strait Bêche-de-mer Fishery; and

b)      any assessments, management changes, or findings relevant to the management of CITES-listed species in the Torres Strait Bêche-de-mer Fishery.

Condition 6

The Australian Fisheries Management Authority must:

a)      by November 2024, provide the Department of Climate Change, Energy, the Environment and Water with a proposed timeline for the undertaking and completion of a multi-species stock survey of sea cucumbers in the Torres Strait; and

b)      by May 2026, have commenced the delivery of a multi-species stock survey of sea cucumbers in the Torres Strait.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive national framework for the protection of the environment, particularly in relation to biodiversity conservation and the management of activities that may impact the environment. This Act was introduced by the Parliament of Australia with a policy objective to provide for the protection of the environment, particularly the nation’s biodiversity, by way of a cooperative approach between the Commonwealth, the states, and the territories. The legislation seeks to integrate environmental considerations into decision-making processes and promote sustainable development. In this context, the declaration of the Torres Strait Bêche-de-mer Fishery operations as an approved Wildlife Trade Operation under the EPBC Act aims to ensure that the harvesting activities are conducted in a manner that is ecologically sustainable and does not adversely affect protected species or the environment. This declaration is intended to balance the economic activities of the fishery with the need to conserve biodiversity and manage environmental impacts effectively.

Scope and Application

The Notifiable Instrument F2023N00570 under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) declares the operations for the harvesting of specimens that are, or are derived from, fish or invertebrates taken in the Torres Strait Bêche-de-mer Fishery as an approved Wildlife Trade Operation. This declaration applies to the operations carried out in accordance with the management regime in force under the Torres Strait Fisheries Act 1984 (Cth), Torres Strait Fisheries Regulations 1985 (Cth), Torres Strait Fisheries (Bêche-de-mer) Management Instrument 2022 and Torres Strait Bêche-de-mer Fishery Harvest Strategy, with specific exclusions for specimens belonging to certain listed taxa. This declaration is applicable nationally within the Commonwealth of Australia and is subject to the conditions outlined in Schedule 1, including annual reporting requirements and the initiation of a multi-species stock survey of sea cucumbers. The declaration is valid until 30 November 2026, unless amended or revoked, and is subject to review and appeal under the Administrative Appeals Tribunal Act 1975.

Key Provisions

The main operative sections of this legislation declare the operations for the harvesting of specimens in the Torres Strait Bêche-de-mer Fishery as an approved Wildlife Trade Operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303FN). The declaration is made by Belinda Jago, as Delegate of the Minister for the Environment and Water, and is valid until 30 November 2026, unless amended or revoked. This declaration includes specific exclusions, such as specimens belonging to taxa listed under sections 209, 248, 303BC, and 303CA of the EPBC Act, except for black teatfish (Holothuria whitmaei) and white teatfish (Holothuria fuscogilva). The obligations imposed by this Act require the Australian Fisheries Management Authority to operate the Torres Strait Bêche-de-mer Fishery in accordance with the relevant management regimes and legislative instruments (section 303FT, Condition 1). Additionally, the Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the management arrangements or fisheries legislation that may impact the assessment against which EPBC Act decisions are made (Conditions 2 and 3). Furthermore, the Authority must provide annual reports detailing the harvested weight, number of individuals, their lengths, and locations of harvest for all CITES-listed species, along with any relevant assessments or management changes (Conditions 4 and 5). By November 2024, the Authority must also submit a proposed timeline for a multi-species stock survey of sea cucumbers in the Torres Strait, and by May 2026, the Authority must have commenced the delivery of this survey (Condition 6). The Act stipulates that breaches of the conditions imposed can result in legal consequences. The specific offences, penalties, or civil/criminal consequences for non-compliance are not explicitly stated in the provided text. However, the failure to adhere to the conditions could potentially lead to revocation of the approved Wildlife Trade Operation status or other regulatory actions as deemed necessary by the relevant authorities. The Department of Climate Change, Energy, the Environment and Water has the power to review the decision, and affected parties may apply for a statement of reasons or independent review within specified timeframes as outlined in the Act.

Legal classification tags

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

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.