Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment, particularly in relation to the impacts of activities on matters of national environmental significance. The Act is a key piece of environmental legislation in Australia, providing a framework for the protection and management of the environment and biodiversity. The EPBC Act aims to ensure that proposed actions that may have a significant impact on the environment are assessed and managed appropriately. In December 2017, the Australian Government declared the operations for the harvesting of specimens that are or are derived from fish or invertebrates, other than those listed under specific categories, taken in the Torres Strait Tropical Rock Lobster Fishery, as an approved wildlife trade operation. This declaration was made by the Acting Assistant Secretary, Wildlife Trade and Biosecurity Branch, as a Delegate of the Minister for the Environment and Energy, following consideration of an application from the Australian Fisheries Management Authority and advice on the ecological sustainability of the operation. The declaration is valid until 18 December 2020 and is subject to conditions that must be met to ensure the operation's compliance with the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the declaration of an approved wildlife trade operation for the Torres Strait Tropical Rock Lobster Fishery. This legislation pertains to the management and ecological sustainability of the fishery, ensuring that the operations are conducted in a way that is compliant with environmental protection standards. The declaration applies to the harvesting of specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act (excluding conservation dependent species) and taxa listed under section 303CA (Australia’s CITES list). The geographic scope of this Act is national, as it is a Commonwealth Act. The declaration is valid until 18 December 2020, subject to specific conditions outlined in the Schedule, which include adherence to the management arrangements under the Torres Strait Fisheries Act 1984 and the requirement for the Torres Strait Protected Zone Joint Authority to report on the fishery's management to the Department of the Environment and Energy. The Act does not extend or restrict application through subordinate instruments beyond what is specified in the declaration and Schedule.

Key Provisions

The main operative sections of the Declaration of an Approved Wildlife Trade Operation – Torres Strait Tropical Rock Lobster Fishery, December 2017 (section 303FN) declare that the operations for the harvesting of specimens that are or are derived from fish or invertebrates, other than those listed under Part 13 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) or section 303CA (Australia’s CITES list), taken in the Torres Strait Tropical Rock Lobster Fishery, are approved for the purposes of the EPBC Act. This declaration is valid until 18 December 2020 and is subject to specific conditions outlined in the Schedule (section 303FT). The operation must be conducted in accordance with the management arrangements in force under the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985. The obligations and requirements imposed by the Act on the parties involved include adherence to the management arrangements under the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985. The Torres Strait Protected Zone Joint Authority must inform the Department of the Environment and Energy of any material changes to the management arrangements that may affect the ecological sustainability assessment. Additionally, the Authority is required to produce and present annual reports to the Department as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. The implementation of a strategy to manage the risks of overfishing and localised depletion is also mandated, including the establishment of data collection and analysis protocols to manage risks, triggers, and limits for managing harvest, as well as accounting for all sources of stock mortality. There are no explicit offences, penalties, or civil/criminal consequences stated within the text of this document. However, failure to comply with the conditions specified in the Schedule could potentially lead to revocation of the approval or other regulatory actions under the EPBC Act. The specific penalties for breaches would depend on the nature and severity of the non-compliance, and could be addressed under relevant sections of the EPBC Act or other applicable legislation.