Declaration of an Approved Wildlife Trade Operation – Western Australian Gascoyne Demersal Scalefish Managed Fishery, May 2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to provide for the conservation of Australia’s biodiversity. The Act aims to ensure that the Commonwealth’s environmental responsibilities are effectively discharged, and it plays a critical role in the protection of wildlife and their habitats from significant adverse impacts of key activities. This legislation was introduced to address the problem of inadequate regulation and oversight of wildlife trade operations, aiming to safeguard Australia's biodiversity and ecological integrity. Enacted by the Parliament of Australia, the policy objective of the EPBC Act is to protect and conserve Australia’s unique flora and fauna, their habitats, and ecological communities through a system of environmental assessment and approval of certain activities that may impact them.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and individuals involved in activities that may impact listed threatened species, ecological communities, and heritage places, as well as the Commonwealth marine estate. This particular legislative instrument concerns the Western Australian Gascoyne Demersal Scalefish Managed Fishery, which operates under the Fish Resources Management Act 1994 (WA) and Fish Resources Management Regulations 1995 (WA). The Act facilitates the management of biodiversity and environmental protection through the approval of wildlife trade operations, ensuring that these operations do not harm the environment and comply with ecological risk assessments. The geographic reach of this Act extends to the Commonwealth, including territorial waters, and it is applicable to fisheries operating within Australian jurisdiction. This notifiable instrument allows for the revocation of specific conditions previously set for the fishery, thereby potentially altering the compliance requirements. The Act provides a framework for environmental protection and biodiversity conservation, ensuring that significant impacts on the environment are mitigated through approved operations and management plans.

Key Provisions

The key operative sections of this notifiable instrument (F2026N00317) relate to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303FT(7)(b) of the EPBC Act is cited as the authority under which the declaration of an approved wildlife trade operation is varied. The original declaration, dated 23 January 2025, was for the Western Australian Gascoyne Demersal Scalefish Managed Fishery, as defined under the Fish Resources Management Act 1994 (WA) and the Fish Resources Management Regulations 1995 (WA). This variation revokes a specific condition in the declaration that required the Western Australian Department of Primary Industries and Regional Development to publish an ecological risk assessment and develop and implement ecological risk mitigation measures. The obligations imposed by this legislation on the parties governed by it are primarily concerned with the management of the Western Australian Gascoyne Demersal Scalefish Managed Fishery. The original conditions mandated that the Department of Primary Industries and Regional Development must publish an ecological risk assessment by 15 December 2026 and develop and implement mitigation measures by 15 June 2027. These obligations have now been revoked, meaning that there are no longer any specific actions required by the department regarding ecological risk assessments or mitigation measures. Instead, the fishery management will proceed without these specific conditions. The notifiable instrument also outlines potential consequences for breaches of the provisions within the EPBC Act. While the specific section does not detail any new offences or penalties, the revocation of the conditions does not imply a lack of oversight. If the Department of Primary Industries and Regional Development or any other party fails to comply with other provisions of the EPBC Act or related regulations, they may face enforcement actions. Such actions could include administrative penalties, fines, or legal proceedings, depending on the nature and severity of the breach. The maximum penalties for breaches of the EPBC Act can vary but can include substantial fines and, in some cases, imprisonment. Under the Administrative Review Tribunal Act 2024, any person whose interests are affected by this decision has the right to apply for a statement of reasons and for independent review of the decision. An application for a statement of reasons can be made in writing to the Department of Climate Change, Energy, the Environment and Water within 28 days of the date of the declaration. Similarly, an application for independent review can 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. This provision ensures that there is a formal process for reviewing the decision if any party believes it has been unfairly or incorrectly treated. Further information can be obtained from the Director, Sustainable Fisheries Section, Department of Climate Change, Energy, the Environment and Water.