Declaration of an Approved Wildlife Trade Operation – Victorian Corner Inlet Fishery, September 2020

Declaration of an Approved Wildlife Trade Operation – Victorian Corner Inlet Fishery, September 2020

made under subsection 303FN(2) and paragraph 303FN(10)(d) of the

Environment Protection and Biodiversity Conservation Act 1999 

Compilation No. 1 

Compilation date: 26 February 2022

Include Amendments up to: Declaration of an Approved Wildlife Trade Operation – Victorian Corner Inlet Fishery, February 2022 [F2022N00036]

About this compilation

This compilation

This is a compilation of the Declaration of an Approved Wildlife Trade Operation – Victorian Corner Inlet Fishery, September 2020 that shows the text of the law as amended and in force on 26 February 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – VICTORIAN CORNER INLET FISHERY, SEPTEMBER 2020

I, Stephen Oxley, First Assistant Secretary, Heritage, Reef and Wildlife Trade Division, 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 the Victorian Corner Inlet Fishery, 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 Victorian Corner Inlet Fishery as defined in the management regime in force under the Fisheries Act 1995 (Victoria), and the Fisheries Regulations 2019 (Victoria), 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 31 August 2023 and;

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

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@awe.gov.au.

Declaration of the harvest operations of the Victorian Corner Inlet Fishery as an approved wildlife trade operation, September 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 Victorian Corner Inlet Fishery:

1. Operation of the Victorian Corner Inlet Fishery will be carried out in accordance with the management regime in force under the Victorian Fisheries Act 1995, and the Victorian Fisheries Regulations 2019.

2.      The Victorian Fisheries Authority to inform the Department of Agriculture, Water and the Environment of any intended material changes to the Victorian Corner Inlet Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

3.      The Victorian Fisheries Authority to produce and present 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.

4.      By 1 July 2022, the Victorian Fisheries Authority (in consultation with experts and stakeholders) to develop a management plan for the Victorian Corner Inlet Fishery and provide a copy of the declared management plan to the Department. If the outcomes of current research projects on seagrass beds indicate opportunities for improved management in the fishery this should be taken into account in the development of the management plan.

5.      By 28 April 2023, the Victorian Fisheries Authority to undertake a survey to collect up-to-date information on recreational and Indigenous take in the fishery.

6.      By 28 February 2023, the Victorian Fisheries Authority (in consultation with experts and stakeholders) to develop a monitoring program, with particular focus on improvements to byproduct and bycatch monitoring.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history