Declaration of an Approved Wildlife Trade Operation – Western Australian G-Trap Fishery – Australian Herring, February 2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Commonwealth Parliament to address the need for comprehensive protection of Australia’s biodiversity and the environment. It provides a framework for the protection and management of nationally and internationally significant flora, fauna, ecological communities, and heritage places. The Act was introduced to fill the gap in environmental protection and management, particularly in relation to threatened species and ecological communities, and to address the cumulative impacts of human activities on the environment. This notifiable instrument declares an approved wildlife trade operation for the Western Australian G-trap Fishery concerning Australian Herring, aiming to ensure sustainable management and conservation of the species in alignment with the policy objectives of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of entities and activities across Australia, with the specific declaration mentioned here focusing on the Western Australian G-trap Fishery targeting Australian herring. This legislation governs wildlife trade operations and ensures that they meet certain environmental protection standards. The Act applies to both individuals and entities involved in wildlife trade, including those conducting fishing activities, and is administered at the Commonwealth level but also intersects with state regulations, such as those under the Fish Resources Management Act 1994 (WA) and its accompanying regulations. The declaration in question imposes specific conditions on the operation to ensure sustainable management practices are followed, particularly concerning the publication of a harvest strategy by the Western Australian Department of Primary Industries and Regional Development. The Act provides avenues for review and appeal through the Administrative Appeals Tribunal, allowing affected parties to seek a statement of reasons or independent review of decisions made under its authority. The declaration itself is subject to modification and further regulation through subordinate instruments, as evidenced by the variation noted in the declaration.

Key Provisions

The primary sections of this notifiable instrument (F2025N00118) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertain to the modification of the declaration of an approved wildlife trade operation for the Western Australian G-trap Fishery, specifically targeting Australian Herring (Sections 303FT(7)(b) and Schedule 1). The key change involves altering the timeline for the Western Australian Department of Primary Industries and Regional Development to publish a harvest strategy for the Australian Herring resource. Originally, the deadline was set for 28 February 2025; however, it has been extended to 31 July 2026. This extension provides additional time for the Department to develop and implement a comprehensive harvest strategy, including objectives and performance criteria necessary for measuring the effectiveness of the management arrangements. In terms of obligations and requirements, the Act mandates that the Western Australian Department of Primary Industries and Regional Development must now prepare and publish a harvest strategy by 31 July 2026. This strategy must incorporate specific objectives and performance criteria to ensure that the management of the Australian Herring fishery is effective and sustainable. The requirements under the Fish Resources Management Act 1994 (WA) and the Fish Resources Management Regulations 1995 (WA) continue to apply, providing the regulatory framework within which the Department must operate to achieve these objectives. Any failure to comply with the provisions of the Act and the newly set conditions could result in legal repercussions. While the notifiable instrument does not specify particular offences or penalties, breaches of the EPBC Act can lead to significant consequences. Under the EPBC Act, offences may attract both civil and criminal penalties. For example, civil penalties for breaches can include substantial fines, potentially up to a maximum of $1.1 million for corporations and $220,000 for individuals, as stipulated by the Act. Criminal penalties may also apply, particularly if the breach is deemed to be of a serious nature, resulting in fines and/or imprisonment. The specific penalties depend on the nature and severity of the breach, and are determined by the courts.