Declaration of an Approved Wildlife Trade Operation – Victorian Corner Inlet Fishery, September 2023

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2023N00267 In force Notifiable Instrument

Legislation content

Declaration of an Approved Wildlife Trade Operation – Victorian Corner Inlet Fishery, September 2023

made under section 303FN of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 1

Compilation date: 5 August 2025

Includes amendments: F2025N00634

About this compilation

This compilation

This is a compilation of the Declaration of an Approved Wildlife Trade Operation – Victorian Corner Inlet Fishery, September 2023 that shows the text of the law as amended and in force on 5 August 2025 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

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. Any modifications affecting the law are accessible on the Register.

Selfrepealing 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 2023

 

I, BELINDA JAGO, Branch Head, Oceans and Wildlife Branch, as Delegate of the Minister for the Environment and Water, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Victorian Fisheries Authority, public comments on the proposal as required under section 303FR 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 (Vic)

 Fisheries Regulations 2019 (Vic),

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 6 September 2026 and

b) is subject to the conditions applied under section 303FT specified in Schedule 1.

 

Notes: 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 Climate Change, Energy, the Environment and Water 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, Sustainable Fisheries Section, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.gov.au.

Schedule 1

Declaration of the harvest operations of the Victorian Corner Inlet Fishery as an approved wildlife trade operation, September 2023

 

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:

 

Condition 1:

Operation of the Victorian Corner Inlet Fishery must be carried out in accordance with the Corner Inlet Fishery Management Plan in force under the Victorian Fisheries Act 1995 (Vic) and Fisheries Regulations 2019 (Vic).

 

Condition 2:

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

 

Condition 3:

The Victorian Fisheries Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.

 

Condition 4:

The Victorian Fisheries Authority must produce and present reports on the Corner Inlet Fishery to the Department of Climate Change, Energy, the Environment and Water by 19 December annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. The first report is due 19 December 2024.

 

Condition 5:

The Victorian Fisheries Authority must review bycatch and discard reporting measures to ensure the information collected sufficiently and reliably demonstrates the accuracy of all catch (including bycatch and discards) and protected species interaction data. This review must incorporate some independent data validation against logbook data to confirm reliability and compliance with reporting requirements, particularly for protected species interactions.

The Victorian Fisheries Authority must work with industry on investigating appropriate and cost-effective methods of reporting bycatch and discards.

By 30 January 2026, the Victorian Fisheries Authority must provide advice to the Department of Climate Change, Energy, the Environment and Water on the review findings and any measures applied.

 

Condition 6:

The Victorian Fisheries Management Authority must:

a) by 19 December 2024 publish a review of the Ecological Risk Assessment for the Corner Inlet Fishery, which describes fishery risks and species-specific risks. This should follow the protocols described in the National ESD Reporting Framework for Fisheries (2002) and consider risks to target, bycatch and protected species as well as the ecosystem more broadly.

b) By 31 July 2025 develop and publish an implementation plan outlining actions to progress key priorities identified in the Ecological Risk Assessment.

 

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = SubChapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Declaration of an Approved Wildlife Trade Operation – Victorian Corner Inlet Fishery, September 2023

6 Sept 2023 (F2023N00267)

7 Sept 2023

 

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

4 Aug 2025 (F2025N00634)

5 Aug 2025

 

Endnote 4—Amendment history

 

Provision affected

How affected

Schedule 1

 

Condition 5...............

am F2025N00634

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection and management of Australia’s environment, particularly with regard to biodiversity and ecosystems. The Act provides a framework for the protection of matters of national environmental significance, including the sustainable management of wildlife trade. Under the authority of this Act, the Commonwealth Parliament has the power to regulate activities that may impact on the environment, including wildlife trade operations. The policy objective of the Act is to ensure the ecological sustainability of wildlife trade operations by promoting conservation and sustainable use of biodiversity. The declaration of the Victorian Corner Inlet Fishery as an approved wildlife trade operation under the EPBC Act signifies the Minister's satisfaction that the operations meet the criteria for approval, including compliance with relevant management plans and reporting requirements. In September 2023, the Minister for the Environment and Water, through the Delegate, declared the operations for the harvesting of specimens from the Victorian Corner Inlet Fishery as an approved wildlife trade operation. This declaration was made under section 303FN of the EPBC Act and followed consideration of the application by the Victorian Fisheries Authority, public comments, and advice on the ecological sustainability of the operation. The declaration specifies that the approved operation excludes specimens belonging to taxa listed under certain sections of the EPBC Act, such as Australia’s List of Migratory Species, List of Marine Species, eligible listed threatened species, and Australia’s CITES List. The declaration is valid until 6 September 2026 and is subject to specific conditions outlined in Schedule 1, which include adherence to the Corner Inlet Fishery Management Plan, reporting requirements, and measures to review and validate bycatch and discard data. These conditions aim to ensure that the fishery operates in an ecologically sustainable manner, thereby protecting biodiversity and the ecosystem.

Scope and Application

The Declaration of an Approved Wildlife Trade Operation – Victorian Corner Inlet Fishery, September 2023 made under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 applies to 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 (Vic) and Fisheries Regulations 2019 (Vic). The declaration excludes specimens that belong to taxa listed under specific sections of the Environment Protection and Biodiversity Conservation Act 1999, including Australia’s List of Migratory Species, Australia’s List of Marine Species, eligible listed threatened species, and Australia’s CITES List. This declaration is valid until 6 September 2026 and is subject to specific conditions applied under section 303FT as specified in Schedule 1, which include adherence to the Corner Inlet Fishery Management Plan, reporting requirements, and ecological risk assessments. The declaration also allows for the possibility of amendments or revocations through subordinate instruments. The jurisdictional reach of this declaration is limited to Commonwealth waters and is subject to review and appeal processes under the Administrative Appeals Tribunal Act 1975.

Key Provisions

The Declaration of an Approved Wildlife Trade Operation – Victorian Corner Inlet Fishery, September 2023, made under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), declares the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the Victorian Corner Inlet Fishery as an approved wildlife trade operation. This declaration excludes specimens that belong to taxa listed under sections 209, 248, or 303CA of the EPBC Act, or eligible listed threatened species as defined under section 303BC of the EPBC Act (paragraph 303FN(10)(d)). This declaration is valid until 6 September 2026 and is subject to the conditions specified in Schedule 1 of the declaration. The obligations imposed by this declaration include adherence to the Corner Inlet Fishery Management Plan under the Fisheries Act 1995 (Vic) and Fisheries Regulations 2019 (Vic), and timely communication with the Department of Climate Change, Energy, the Environment and Water regarding any material changes to the fishery management arrangements or relevant fisheries legislation. Additionally, the Victorian Fisheries Authority must submit annual reports on the fishery by 19 December each year, review bycatch and discard reporting measures, and publish a review of the Ecological Risk Assessment for the Corner Inlet Fishery by 19 December 2024. The authority must also develop and publish an implementation plan by 31 July 2025, outlining actions to address key priorities identified in the Ecological Risk Assessment. Failure to comply with the conditions outlined in Schedule 1 may result in various consequences. While the declaration itself does not explicitly state offences, penalties, or specific consequences for non-compliance, breaches of the EPBC Act can lead to civil or criminal penalties. Under the EPBC Act, individuals or entities found guilty of contravening the Act may face fines and imprisonment. The maximum penalty for a corporation can be up to $66,600 or three times the benefit obtained from the offence, whichever is greater. For individuals, the maximum penalty can be up to $13,320 or imprisonment for one year, or both. Additionally, the Minister may take enforcement actions, such as issuing compliance notices or seeking court orders to prevent or remedy non-compliance.

Legal classification tags

Area of Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Enforcement Powers
Compliance Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.