Declaration of an Approved Wildlife Trade Operation – Victorian Eel Fishery, June 2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of Australia's biodiversity and the management of activities that have a significant impact on the environment. This legislation was introduced to fill a critical gap in the conservation and sustainable management of Australia's wildlife and ecosystems, particularly those of national and global significance. The Act provides a framework for the Commonwealth to protect and manage matters of environmental significance, particularly those involving threatened species and ecological communities, and interactions with other international obligations such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The policy objective of the EPBC Act is to ensure that biodiversity and heritage values are preserved and managed sustainably, while facilitating economic development in a way that is environmentally responsible. This notifiable instrument, issued by Jessica Hoey, Director of Sustainable Fisheries and CITES Policy, as a Delegate of the Minister for the Environment and Water, varies the declaration of an approved wildlife trade operation for the Victorian Eel Fishery. The primary change involves altering the deadline for the Victorian Fisheries Authority to complete and publish a harvest strategy for the fishery, from 20 June 2026 to 5 December 2026. This decision is made under the authority granted by the EPBC Act and is subject to review under the Administrative Review Tribunal Act 2024, allowing for applications for a statement of reasons and independent review within specified timeframes.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the declaration of approved wildlife trade operations, including the Victorian Eel Fishery, as specified under the Fisheries Act 1995 (Vic) and Fisheries Regulations 2019 (Vic). This legislation applies to the entities involved in the management and operation of the Victorian Eel Fishery, including the Victorian Fisheries Authority, and mandates compliance with specific conditions to ensure sustainable management practices. The Act's jurisdictional reach extends across Commonwealth, state, and territory levels, enforcing unified biodiversity conservation standards. Certain exclusions or exemptions may apply depending on the specific operations and their compliance with the outlined management regime. The Act also allows for variations to existing declarations through subordinate instruments, as demonstrated in the example where the deadline for the harvest strategy was extended from 20 June 2026 to 5 December 2026. This legislative framework ensures that the management of wildlife trade operations adheres to environmentally sound practices, thereby protecting biodiversity and promoting sustainable use of natural resources.

Key Provisions

The key operative sections of the legislation involve the variation of a condition within the declaration of an approved wildlife trade operation for the Victorian Eel Fishery under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303FT(7)(b)). The original condition, which required the Victorian Fisheries Authority to complete and make publicly available a harvest strategy by 20 June 2026, has been altered to extend the deadline to 5 December 2026. This condition pertains to ensuring that the harvest strategy clearly outlines biologically relevant reference points, performance measures, and triggers for management action. The Act imposes specific obligations on the Victorian Fisheries Authority. It mandates that the Authority must now complete a harvest strategy for the fishery by the new deadline, 5 December 2026, and make it publicly available. Additionally, the Authority must provide this strategy to the Department of Climate Change, Energy, the Environment and Water. This revised timeline and requirement ensure that there is an adequate period for the development and review of the harvest strategy, allowing for more comprehensive and accurate biological assessments. Breach of the conditions outlined in the Act could result in various consequences. Although the specific penalties are not detailed within the text, the Act typically allows for enforcement actions, including fines or other penalties as deemed appropriate by the relevant authorities. The failure to comply with the provisions of the Act may also result in administrative or judicial review, particularly if the affected parties believe their interests have been adversely impacted by the decision. Additionally, any party whose interests are affected by this declaration has the right to seek a statement of reasons and apply for independent review within specified timelines, as outlined under the Administrative Review Tribunal Act 2024. These provisions ensure that there are mechanisms in place for addressing any grievances or compliance issues that may arise from the operation of the Act.