Declaration of an Approved Wildlife Trade Operation – Torres Strait Tropical Rock Lobster Fishery, December 2020

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

Legislation au F2020N00151 Not in force Notifiable Instrument

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COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – Torres Strait Tropical Rock Lobster Fishery, DECEMBER 2020

 

I, LAURA TIMMINS, Senior Director, Office of Wildlife Trade, as Delegate of the Minister for the Environment, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from Australian Fisheries Management Authority on behalf of the Protected Zone Joint 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 Tropical Rock Lobster Fishery as defined in the management regime in force under the Torres Strait Fisheries Act 1984 (Cth) and the Torres Strait Fisheries Regulations 1985 (Cth), 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).

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:

a)              is valid until 4 December 2023 and;

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

 

 

Dated this 4 day of December 2020

 

 

 

Laura Timmins

………….…….…………………………………

Delegate of the Minister for the Environment

 

Notes:                                                                                                                                                                          

1. 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 Agriculture, Water and the Environment 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, Wildlife Trade Assessments Section, Department of Agriculture, Water and the Environment, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au..

 

 


Declaration of the harvest operations of the Torres Strait Tropical Rock Lobster Fishery as an approved wildlife trade operation, December 2020

 

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), taken in the Torres Strait Tropical Rock Lobster Fishery:

 

Condition 1:

The  Torres Strait Protected Zone Joint Authority must ensure that operation of the Torres Strait Tropical Rock Lobster Fishery is carried out in accordance with management arrangements defined in the Torres Strait Fisheries Act 1984, Torres Strait Fisheries Regulations 1985, licence conditions and the Torres Strait Tropical Rock Lobster Fishery Harvest Strategy (2019).

Condition 2:

The Torres Strait Protected Zone Joint Authority must inform the Department of Agriculture, Water and the Environment of any intended material changes to the Torres Strait Tropical Rock Lobster Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition 3:

The Torres Strait Protected Zone Joint Authority must inform the Department of Agriculture, Water and the Environment of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.

Condition 4:

The Torres Strait Protected Zone Joint Authority must provide reports to the Department of Agriculture, Water and the Environment annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

Recommendation 1:

The Australian Fisheries Management Authority to continue to work with the Department of Agriculture, Water and the Environment and the Protected Zone Joint Authority to implement changes to the Torres Strait Fisheries Act 1984 to allow data reporting requirements to apply to all fishing sectors in the fishery.

Data collection requirements for target species are to include:

  • The total quantity of each species removed from the fishery, including any catch discarded prior to landing to an authorised fish receiver; and
  • catch and effort data, including location of all commercial fishing activity.

Progress and outcomes of this recommendation to be included in annual reports required under condition 4.

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and manage Australia's environment, particularly its biodiversity. The EPBC Act provides a mechanism for the protection of the environment and biodiversity by regulating activities that may have a significant impact on matters of national environmental significance. The Act was introduced by the Commonwealth Parliament with the policy objective of ensuring that the Commonwealth's environmental responsibilities are effectively managed and integrated into decision-making processes. In December 2020, Laura Timmins, as Delegate of the Minister for the Environment, declared the operations for the harvesting of specimens in the Torres Strait Tropical Rock Lobster Fishery to be an approved wildlife trade operation under the EPBC Act. This declaration was made in consideration of the application from the Australian Fisheries Management Authority on behalf of the Protected Zone Joint Authority, and advice on the ecological sustainability of the operation, ensuring that the harvesting activities comply with the conditions set out in the Act and do not adversely affect listed species or threaten ecological communities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a framework for the protection of the environment, including wildlife, ecosystems, and heritage places. Under this Act, a notifiable instrument has been issued to declare the operations for the harvesting of specimens that are or are derived from fish or invertebrates taken in the Torres Strait Tropical Rock Lobster Fishery as an approved wildlife trade operation. This declaration applies to the activities conducted by the Protected Zone Joint Authority, excluding specimens that belong to taxa listed under various sections of the EPBC Act, such as Australia’s List of Migratory Species, Australia’s List of Marine Species, eligible listed threatened species, and Australia’s CITES List. The geographical scope of this declaration pertains to the Torres Strait region, governed by the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985. The declaration is subject to specific conditions aimed at ensuring the sustainable management of the fishery, including adherence to management arrangements, timely communication of material changes, and annual reporting to the Department of Agriculture, Water and the Environment. Furthermore, there is a recommendation for the Australian Fisheries Management Authority to collaborate with relevant parties to implement changes in fisheries legislation to standardise data reporting requirements across all fishing sectors within the fishery.

Key Provisions

The main operative sections of the legislation, F2020N00151, pertain to the declaration of the Torres Strait Tropical Rock Lobster Fishery as an approved wildlife trade operation under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This declaration, effective until 4 December 2023, recognises the fishery's operations for harvesting specimens of fish or invertebrates, excluding those listed under specific sections of the EPBC Act such as migratory species, marine species, threatened species, or those listed under the Australia’s CITES List. This decision is subject to conditions outlined in section 303FT of the EPBC Act, which are detailed in the Schedule accompanying the declaration. The obligations imposed by the Act on the parties involved, particularly the Torres Strait Protected Zone Joint Authority, are multifold. Firstly, they must ensure that the operation of the fishery adheres to the management arrangements stipulated in the Torres Strait Fisheries Act 1984, the Torres Strait Fisheries Regulations 1985, and the Torres Strait Tropical Rock Lobster Fishery Harvest Strategy 2019. Additionally, they must notify the Department of Agriculture, Water and the Environment of any significant changes to the management arrangements or fisheries legislation that may impact the ecological sustainability assessment. Annual reporting to the Department, as per the Guidelines for the Ecologically Sustainable Management of Fisheries, is also mandatory. These reports must include detailed catch and effort data, along with the total quantity of each species removed from the fishery, including any discarded catch. Failure to comply with the provisions of the EPBC Act and the conditions set out in the declaration can result in legal consequences. The Act does not specify particular offences or penalties within the text provided; however, breaches of environmental legislation can generally lead to enforcement actions by the relevant authorities, including fines or other penalties as determined by the courts. The severity of these penalties can vary widely depending on the nature and extent of the breach. It is essential for the parties involved to adhere to the conditions and obligations outlined to avoid any potential legal repercussions.

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Environmental Law
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Notifiable instrument
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Reporting & Disclosure Obligations
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