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. The Act addresses the gap in comprehensive environmental protection by providing a framework for the assessment and approval of activities that may impact on the environment. The Commonwealth Parliament enacted this legislation to ensure that the federal government has the capacity to protect and manage environmental assets of national and global importance. The policy objective of the Act is to safeguard Australia’s unique biodiversity and the ecological processes essential for its long-term health and resilience, whilst allowing for economic development that is ecologically sustainable. In August 2017, an approved wildlife trade operation was declared for the harvesting of fish and invertebrate specimens in the Victorian Corner Inlet Fishery, subject to specific conditions to ensure compliance with the EPBC Act and to promote sustainable practices in the fishery.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of wildlife and biodiversity in Australia, and includes provisions for the approval of wildlife trade operations. In August 2017, an approved wildlife trade operation was declared for the harvesting of specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category) and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the Victorian Corner Inlet Fishery. The declaration was made by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy, following consideration of an application from the Victorian Department of Economic Development, Jobs, Transport and Resources, public comments on the proposal, and advice on the ecological sustainability of the operation. The declaration is valid until 31 July 2020 and is subject to conditions specified in the Schedule, including the operation of the fishery in accordance with the Victorian Fisheries Act 1995 and Victorian Fisheries Regulations 2009, and the production and presentation of reports to the Department of the Environment and Energy annually. The declaration extends to the Commonwealth and applies to the Victorian Department of Economic Development, Jobs, Transport and Resources, as well as any other persons or entities involved in the operation of the fishery.

Key Provisions

The main operative sections of the legislation (subsection 303FN(2) and paragraph 303FN(10)(d) of the Environment Protection and Biodiversity Conservation Act 1999) declare the operations for the harvesting of specimens that are, or are derived from, fish or invertebrates in the Victorian Corner Inlet Fishery as an approved wildlife trade operation. This declaration is made in accordance with the requirements set forth in the Act, and it excludes specimens belonging to species listed under Part 13 of the Act (except for those in the conservation dependent category) and taxa listed under section 303CA (Australia's CITES list). The declaration specifies that the operation is conducted according to the management regime under the Fisheries Act 1995 (VIC) and Fisheries Regulations 2009 (VIC). The declaration is valid until 31 July 2020 and is subject to conditions outlined in the Schedule. The obligations and requirements imposed by the Act on the parties involved include adherence to the Victorian Fisheries Act 1995 and Victorian Fisheries Regulations 2009, as well as any relevant management policies, plans, or procedures. The Department of Economic Development, Jobs, Transport and Resources is mandated to inform the Department of the Environment and Energy of any material changes to the management arrangements for the fishery that may impact the assessment against which decisions under the EPBC Act are made. Additionally, the Department is required to produce and submit annual reports to the Department of the Environment and Energy, in accordance with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. Furthermore, the Department is expected to collaborate with stakeholders to develop and implement robust programs for monitoring, analysing, and validating logbook data, and to take appropriate management responses to support future stock assessments. The legislation outlines potential consequences for breaches of the declared approved wildlife trade operation. While the document does not explicitly detail specific offences, penalties, or civil/criminal consequences for breach, it is implied that any non-compliance with the conditions and requirements specified in the Schedule could result in administrative or legal actions. The Environmental Protection and Biodiversity Conservation Act 1999 provides for various enforcement mechanisms, which may include fines, enforcement notices, or other regulatory actions, as well as potential civil or criminal penalties for serious breaches. The exact penalties would depend on the nature and severity of the breach, as well as the relevant provisions of the Act and any subsidiary legislation.