Declaration of an Approved Wildlife Trade Operation – Victorian Abalone Fishery, April 2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act was introduced to address the need for a comprehensive legislative framework that ensures the protection and sustainable management of Australia's biodiversity and ecosystems, including migratory and marine species. The Act is administered by the Australian Parliament and its primary policy objective is to safeguard Australia's environment, including its biodiversity, through the regulation of activities that may impact on matters of national environmental significance. The legislation includes provisions for the declaration of wildlife trade operations, such as the Victorian Abalone Fishery, which must comply with specific conditions to ensure the sustainability and ecological integrity of the harvested species. This declaration, effective until 20 April 2031, sets out the conditions under which the Victorian Abalone Fishery operations are approved, ensuring alignment with ecologically sustainable management practices and the requirements of the EPBC Act.

Scope and Application

The declaration issued under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 recognises the operations for the harvesting of specimens that are or are derived from invertebrates taken in the Victorian Abalone Fishery as an approved wildlife trade operation. This encompasses activities conducted in accordance with the management regime outlined in the Fisheries Act 1995 (Vic), the Fisheries Regulations 2019 (Vic) and the Victorian Wild Harvest Abalone Fishery Management Plan 2015, with specific exclusions for specimens belonging to taxa listed under certain sections of the EPBC Act, including Australia’s List of Migratory Species, Australia’s List of Marine Species, eligible listed threatened species, and Australia’s CITES List. This declaration applies to the Victorian Fisheries Authority, governing their operations within the Victorian Abalone Fishery. It is valid until 20 April 2031 and includes conditions that must be met, as specified in Schedule 1, which outlines requirements such as annual reporting to the Department of Climate Change, Energy, the Environment and Water and the timely review and publication of harvest strategies and the management plan for the fishery. The declaration’s application is limited to the Commonwealth and extends to the specific operations of the Victorian Abalone Fishery, excluding certain species as noted.

Key Provisions

The declaration made by Belinda Jago, as the Delegate of the Minister for the Environment and Water, under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), designates the operations for the harvesting of specimens taken in the Victorian Abalone Fishery as an approved wildlife trade operation. This declaration is effective until 20 April 2031 and is subject to the conditions specified in Schedule 1 of the notifiable instrument. The declaration specifically excludes specimens belonging to taxa listed under sections 209, 248, and 303CA of the EPBC Act, as well as specimens belonging to eligible listed threatened species under section 303BC. This means that the approved operation pertains only to those specimens not included in these lists, which are governed by separate provisions of the EPBC Act. The obligations imposed by this declaration on the parties involved, particularly the Victorian Fisheries Authority, include the requirement to manage the fishery in accordance with the Fisheries Act 1995 (Vic), the Fisheries Regulations 2019 (Vic), and the Victorian Wild Harvest Abalone Fishery Management Plan 2015. Condition 1 mandates that the Victorian Fisheries Authority must provide the Department of Climate Change, Energy, the Environment and Water with an annual report by 30 September each year, consistent with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries. Additionally, any intended changes to legislative instruments or material changes to management arrangements that may affect the basis of the export accreditation must be notified to the department. Condition 2 requires the Authority to review and publish updated harvest strategies for the three management zones by 31 March 2028, and a revised management plan by 30 March 2029. Failure to comply with the conditions set out in Schedule 1 of the declaration may result in various consequences. The primary concern is the potential for the Victorian Abalone Fishery to lose its approved status as a wildlife trade operation under the EPBC Act. This could lead to a cessation of operations or severe regulatory penalties. Furthermore, the declaration explicitly states that any person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision under the Administrative Review Tribunal Act 2024. 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 declaration's date. An application for independent review may be made to the Administrative Review Tribunal on payment of the relevant fee within 28 days of the declaration, or within 28 days of receipt of reasons if reasons are sought. These provisions ensure that any affected party has the opportunity to seek clarification and challenge the decision if they believe it has been made unfairly or incorrectly.