Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN G-TRAP FISHERY – AUSTRALIAN HERRING, MAY 2026
I, Belinda Jago, Branch Head, Ocean and Wildlife, as Delegate of the Minister for the Environment and Water, hereby vary under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the declaration of an approved wildlife trade operation dated 7 March 2024 for the Western Australian G-Trap Fishery – Australian Herring as defined in the management regime in force under the Fish Resources Management Act 1994 (WA) and Fish Resources Management Regulations 1995 (WA), such that the condition specified in Schedule 1 to that declaration is varied as follows:
In Condition 6, delete the words
“By 31 July 2026, the Western Australian Department of Primary Industries and Regional Development must publish a harvest strategy for the resource including objectives and performance criteria by which the effectiveness of the management arrangements is measured.”
and replace with the words
“Condition revoked.”
Dated this 11th day of May 2026
BELINDA JAGO
………….…….……………………….........
Delegate of the Minister for the Environment and Water
Notes: Under the Administrative Review Tribunal Act 2024, 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 Review 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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by regulating actions that may harm it. This Act addresses the gap in environmental regulation by establishing a framework for the conservation and protection of wildlife, ecosystems, and heritage places. The Act empowers the Minister for the Environment and Water to delegate certain powers, as seen in the case of Belinda Jago, who, as the Delegate of the Minister, varied the declaration of an approved wildlife trade operation. This variation pertains to the Western Australian G-Trap Fishery concerning Australian Herring, under the Fish Resources Management Act 1994 and its regulations. The policy objective is to ensure that wildlife trade operations comply with stringent environmental standards and management practices.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of entities and conduct across Australia, focusing on the protection of the environment and biodiversity. This Act provides the legislative framework for the regulation of activities that may impact nationally or internationally significant flora, fauna, ecological communities, and heritage places. Specifically, the Act applies to individuals, companies, and other entities involved in activities that could potentially harm protected wildlife, as well as to any transactions or operations that involve the trade of wildlife or their products. The jurisdictional reach of the Act is national, extending to all parts of Australia, including state and territory waters. The Act includes provisions for exemptions and thresholds, allowing for certain activities to be exempt if they meet specific criteria or if they fall below certain thresholds that would trigger regulatory oversight. The application of the Act can be extended or restricted through subordinate instruments, such as regulations or guidelines, which provide more detailed operational instructions and specific conditions for particular activities or operations.
Key Provisions
The main operative sections of this declaration (paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)) involve the variation of the approved wildlife trade operation for the Western Australian G-Trap Fishery – Australian Herring. Specifically, Condition 6 of the original declaration, which required the Western Australian Department of Primary Industries and Regional Development to publish a harvest strategy for the resource by 31 July 2026, is revoked. This change effectively removes the requirement for the department to publish the strategy within the specified timeframe.
The Act imposes certain obligations on the parties involved, most notably the Western Australian Department of Primary Industries and Regional Development. Previously, this department was required to develop and publish a harvest strategy that included objectives and performance criteria for measuring the effectiveness of the management arrangements. However, with the revocation of Condition 6, this obligation is no longer in effect. It is essential that all parties adhere to the updated conditions as specified in the declaration.
For breaches of the conditions set out in the declaration, the EPBC Act outlines potential civil and criminal penalties. While the specific penalties are not detailed in this declaration, the Act generally provides for substantial fines and, in some cases, imprisonment. For civil penalties, the maximum fines can be significant, often up to millions of dollars, depending on the severity and frequency of the breach. Criminal penalties can also apply, with maximum penalties varying based on the specific offence and jurisdiction. It is important for all parties to ensure compliance with the conditions to avoid these potential consequences.