Declaration of an Approved Wildlife Trade Operation – Victorian Corner Inlet Fishery, July 2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for comprehensive protection of the nation's environment, particularly with regard to biodiversity and the impacts of human activities. The Act aims to provide for the protection of matters of national environmental significance by regulating activities that have, or might have, a significant impact on the environment. The legislation establishes a framework for the conservation of wildlife and biodiversity, including the regulation of trade in endangered species, through mechanisms such as the approval of wildlife trade operations and the issuing of permits under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This notifiable instrument amends the declaration of an approved wildlife trade operation for the Victorian Corner Inlet Fishery, altering the conditions regarding the review of bycatch and discard reporting measures by the Victorian Fisheries Authority. The primary objective of this amendment is to ensure that the data collected on all catch, including bycatch and discards, and interactions with protected species, is sufficiently accurate and reliable. The policy objective is to enhance the reliability and compliance of reporting requirements, particularly concerning protected species interactions, by incorporating independent data validation against logbook data. The instrument also seeks to foster collaboration with the industry to investigate cost-effective reporting methods and mandates timely advice to the Department of Climate Change, Energy, the Environment and Water on the review findings and any measures applied.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to various entities and individuals involved in wildlife trade operations, particularly within the Victorian Corner Inlet Fishery. This legislation governs the management and conservation of biodiversity and the sustainable use of natural resources in Australia. The Act’s jurisdictional reach extends nationally, as it is a Commonwealth Act. The declaration of an approved wildlife trade operation applies specifically to the Victorian Fisheries Authority and industry stakeholders operating within the fishery, focusing on the reporting measures for bycatch and discards and interactions with protected species. The declaration mandates that the Victorian Fisheries Authority review and improve data collection and reporting mechanisms, ensuring they are both reliable and compliant with established standards. Additionally, the Act requires collaboration with industry to investigate cost-effective reporting methods and mandates the submission of review findings to the Department of Climate Change, Energy, the Environment and Water by a specified deadline. The Act also incorporates obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), ensuring that exports of certain species comply with non-detriment findings issued by Australia’s CITES Scientific Authority.

Key Provisions

The main operative sections of this notifiable instrument (F2025N00634) vary the conditions of the approved wildlife trade operation for the Victorian Corner Inlet Fishery (section 1). Specifically, Condition 5 in Schedule 1 to the declaration dated 5 September 2023 has been modified. The original condition required the Victorian Fisheries Authority to review bycatch and discard reporting measures, validate data against logbook entries, and consult with industry on cost-effective reporting methods, with a reporting deadline of 31 August 2025. This has been changed to extend the deadline to 30 January 2026 (section 2). Under the new conditions, the Victorian Fisheries Authority must still review bycatch and discard reporting measures to ensure accurate catch and protected species interaction data. This review must include independent data validation against logbook data and collaboration with industry to find cost-effective reporting methods. The authority must also provide advice to the Department of Climate Change, Energy, the Environment and Water on the review findings and any measures applied by the new deadline of 30 January 2026 (section 2). The obligations imposed by this legislation include a detailed review of reporting measures, independent data validation, industry consultation, and timely reporting to the relevant department. The Victorian Fisheries Authority is responsible for ensuring that all catch and protected species interaction data is accurately reported and validated. They must work with industry to develop cost-effective reporting methods and provide a comprehensive report to the Department of Climate Change, Energy, the Environment and Water by the specified deadline (section 2). For breaches of this legislation, the Administrative Review Tribunal Act 2024 allows for an application for a statement of reasons or independent review of the decision. A person whose interests are affected by this declaration can apply for a statement of reasons in writing to the Department of Climate Change, Energy, the Environment and Water within 28 days of the declaration date. An application for independent review can be made to the Administrative Review Tribunal within 28 days of the declaration date or within 28 days of receiving the statement of reasons, subject to payment of the relevant fee (section 3). Failure to comply with these obligations may result in the authority being subject to review and potential penalties under the EPBC Act.