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 facilitate ecologically sustainable development through the protection of Australia’s biodiversity. This Act addresses the need to balance environmental protection with economic activities by providing a framework for the assessment and approval of activities that may impact the environment, including wildlife trade operations. The EPBC Act is administered by the Australian Government and its policy objective is to ensure that significant impacts on the environment are properly assessed and managed. In line with this objective, the Act includes provisions for declaring certain wildlife trade operations as approved, subject to specific conditions, to ensure that these operations do not pose an unacceptable risk to the environment or listed species. The Torres Strait Finfish Fishery, as declared under this Act, is an example of an operation that has been assessed and approved to proceed with specific conditions to mitigate potential environmental impacts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the Torres Strait Finfish Fishery through a specific declaration made by the Delegate of the Minister for the Environment and Energy. This declaration identifies the operations related to the harvesting of specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act and taxa listed under Australia's CITES list, as an approved wildlife trade operation. The declaration is valid until December 18, 2020, and is subject to specific conditions that the Torres Strait Protected Zone Joint Authority must adhere to, such as implementing strategies to improve data collection, producing annual reports, and completing an ecological risk assessment. This jurisdictional reach extends under the Commonwealth and is subject to the regulations outlined in the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985. The declaration allows for amendments or revocations, and interested parties have the right to apply for reasons for the decision or seek an independent review through the Administrative Appeals Tribunal.

Key Provisions

The declaration under section 303FN(2) and (10)(d) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) recognises the Torres Strait Finfish Fishery as an approved wildlife trade operation, effective until 18 December 2020. This approval is subject to specific conditions outlined in the Schedule of the declaration, which are designed to ensure that the operations comply with the EPBC Act and do not negatively impact the environment or listed species. The operation, as described in the declaration, pertains to the harvesting of specimens derived from fish or invertebrates, excluding those listed under Part 13 of the EPBC Act, apart from conservation dependent species, and taxa listed under section 303CA (Australia’s CITES list). The operations must adhere to the management regime established under the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985. The obligations imposed on the Torres Strait Protected Zone Joint Authority by the declaration include the requirement to inform the Department of the Environment and Energy of any material changes to the management arrangements of the Torres Strait Finfish Fishery. Additionally, the Joint Authority must submit annual reports as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. It is also mandated to implement strategies for improving data collection and monitoring of catch in all sectors of the fishery by 2019. Other obligations include completing an ecological risk assessment for the fishery, improving estimates of stock abundance and harvest potential for all target species, and developing and implementing reference points and management triggers, including timeframes for management responses. The declaration does not specify offences, penalties, or civil/criminal consequences for non-compliance with the conditions. However, non-compliance with the EPBC Act generally may result in enforcement actions, including fines and imprisonment, depending on the severity of the breach. The EPBC Act outlines various penalties for offences, which can include substantial fines and imprisonment terms. For example, under section 474 of the EPBC Act, an individual can be fined up to $66,000 or imprisoned for up to two years, or both, for contravening a direction or condition of an approval or licence under the Act. Corporate entities face higher penalties, with fines potentially reaching up to $330,000 for serious environmental offences.