Declaration of an Approved Wildlife Trade Operation – Western Australian Gascoyne Demersal Scalefish Managed Fishery, January 2025
made under section 303FN of the
Environment Protection and Biodiversity Conservation Act 1999
Compilation No. 2
Compilation date: 16 May 2026
Includes amendments: F2026N00317
About this compilation
This compilation
This is a compilation of the Declaration of an Approved Wildlife Trade Operation – Western Australian Gascoyne Demersal Scalefish Managed Fishery, January 2025 that shows the text of the law as amended and in force on 16 May 2026 (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.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 – WESTERN AUSTRALIAN GASCOYNE DEMERSAL SCALEFISH MANAGED FISHERY, JANUARY 2025
I, JESSICA HOEY, A/g Branch Head, Ocean and Wildlife, 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 Western Australian Department of Primary Industries and Regional Development 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 Western Australian Gascoyne Demersal Scalefish Managed Fishery as defined in the management regime specified in the Gascoyne Demersal Scalefish Managed Fishery Management Plan 2010, in force under the Fish Resources Management Act 1994 (WA) and the Fish Resources Management Regulations 1995 (WA), 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 23 January 2028 and;
b) is subject to the conditions applied under section 303FT specified in Schedule 1.
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.
Schedule 1
Declaration of the harvest operations of the Western Australian Gascoyne Demersal Scalefish Managed Fishery as an approved wildlife trade operation, January 2025
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), unless those specimens are subject to any exceptions as outlined in this declaration, taken in the Western Australian Gascoyne Demersal Scalefish Managed Fishery:
Condition 1
Operation of the Western Australian Gascoyne Demersal Scalefish Managed Fishery must be carried out in accordance with the Gascoyne Demersal Scalefish Managed Fishery Management Plan 2010 in force under the Fish Resources Management Act 1994 (WA) and the Fish Resources Management Regulations 1995 (WA).
Condition 2
The Western Australian Department of Primary Industries and Regional Development must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Western Australian Gascoyne Demersal Scalefish Managed Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
Condition 3
The Western Australian Department of Primary Industries and Regional Development must inform the Department of Climate Change, Energy, the Environment and Water of any intended changes to Western Australian fisheries legislation that may affect the legislative instruments relevant to this approval.
Condition 4
The Western Australian Department of Primary Industries and Regional Development must produce and provide reports on the Western Australian Gascoyne Demersal Scalefish Managed Fishery to the Department of Climate Change, Energy, the Environment and Water by 20 December annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.
Condition 5
By 15 December 2025, the Western Australian Department of Primary Industries and Regional Development must expand data collection in the Western Australian Gascoyne Demersal Scalefish Managed Fishery to provide reliable information on catch composition and discards. This may involve implementation of mandatory discard reporting in logbooks, some independent monitoring, fishery-independent surveys, or other means.
Condition 6
Condition revoked.
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 | /sub‑subparagraph(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 = Sub‑Chapter(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 – Western Australian Gascoyne Demersal Scalefish Managed Fishery, January 2025 | 28 Jan 2025 (F2025N00069) | 29 Jan 2025 |
|
Declaration of an Approved Wildlife Trade Operation – Western Australian Gascoyne Demersal Scalefish Managed Fishery, September 2025 | 1 Nov 2025 (F2025N00868) | 2 Nov 2025 | — |
Declaration of an Approved Wildlife Trade Operation – Western Australian Gascoyne Demersal Scalefish Managed Fishery, May 2026 | 15 May 2026 (F2026N00317) | 16 May 2026 | — |
Endnote 4—Amendment history
Provision affected | How affected |
Condition 6............... | rs F2025N00868 |
| ed C1 |
| am F2026N00317 |