Declaration of an Approved Wildlife Trade Operation – Victorian Corner Inlet Fishery, February 2022

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, and to establish a framework for the management of threatened species and ecological communities. This legislation was introduced to address the need for a coordinated approach to environmental protection across Australia, ensuring that significant impacts on the environment are properly assessed and managed. The Act empowers the Commonwealth to intervene in matters that may have a substantial impact on the environment, particularly those that are of national or international importance. The policy objective of the Act is to promote the conservation of biodiversity and to provide for the protection of the environment from the impacts of human activities. The notifiable instrument referenced here, F2022N00036, pertains to the variation of the declaration of an approved wildlife trade operation for the Victorian Corner Inlet Fishery. This variation, made under the authority of the Minister for the Environment, adjusts certain conditions related to the development of management and monitoring plans for the fishery, extending the timeframes for these actions to ensure they are informed by the latest research and stakeholder consultation. The instrument was issued by Adam Sincock, as the Delegate of the Minister for the Environment, and it specifies that affected parties may seek a statement of reasons or independent review of the decision under the Administrative Appeals Tribunal Act 1975.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad spectrum of persons and entities involved in activities that may have a significant impact on matters of national environmental significance, including wildlife trade operations. In this instance, the Act applies specifically to the Victorian Corner Inlet Fishery, which falls under the regulatory framework established by the Fisheries Act 1995 and the Fisheries Regulations 2019 of Victoria. The declared operation is managed by the Victorian Fisheries Authority, which is tasked with developing and implementing management and monitoring programs for the fishery. The jurisdictional reach of the Act is national, as it is a Commonwealth Act, but its application here is specifically within the geographical confines of the Corner Inlet in Victoria. The Act does not specify exclusions or exemptions in this declaration, though it is noted that the decision can be subject to review under the Administrative Appeals Tribunal Act 1975. The Act's application can be further extended or restricted through subordinate instruments, such as regulations or codes of practice, which may provide additional detail or specific conditions for the approved wildlife trade operation.

Key Provisions

The primary operative sections of this notifiable instrument, declared under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), involve the variation of a declaration concerning an approved wildlife trade operation for the Victorian Corner Inlet Fishery. Specifically, the instrument modifies the timeframes and tasks assigned to the Victorian Fisheries Authority under the original declaration made on 17 September 2020. For instance, Condition 4 now requires the Victorian Fisheries Authority to develop a management plan for the fishery by 1 July 2022, rather than by 28 February 2022, as previously stated (Section 303FT(7)(b)). Similarly, the timeframe for conducting a survey on recreational and Indigenous take has been extended to 28 April 2023 (Condition 5). Additionally, the deadline for developing a monitoring program focusing on byproduct and bycatch monitoring has been moved to 28 February 2023 (Condition 6). The obligations imposed by this notifiable instrument are primarily on the Victorian Fisheries Authority. They are now required to develop a management plan by a later date, undertake a survey on recreational and Indigenous take by an extended deadline, and develop a monitoring program with a new focus on improvements to byproduct and bycatch monitoring by a later date. These tasks must be completed in consultation with relevant experts and stakeholders, as specified in the original declaration. Breach of the conditions set out in this declaration could result in civil or criminal consequences. While the notifiable instrument does not explicitly state penalties, the EPBC Act generally provides for significant penalties for non-compliance, including fines and imprisonment. For example, under Section 474 of the EPBC Act, a person who contravenes an approved wildlife trade operation declaration can be liable for a penalty of up to $360,000 for a corporation and $72,000 for an individual, in addition to other civil remedies. Furthermore, serious and repeated breaches may also result in criminal charges under Section 475, which carries a maximum penalty of up to five years imprisonment. These potential consequences underscore the importance of compliance with the varied conditions.