Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN GASCOYNE DEMERSAL SCALEFISH MANAGED FISHERY, SEPTEMBER 2025
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 28 January 2025 for the Western Australian Gascoyne Demersal Scalefish Managed Fishery as defined in the management regime in force under the Fish Resources Management Act 1994 (WA) and the 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
“The Western Australian Department of Primary Industries and Regional Development must:
- by 15 December 2025, publish an ecological risk assessment for the Western Australian Gascoyne Demersal Scalefish Managed Fishery, which considers the impacts of the fishery on all target and non-target species, habitats, and the broader ecosystem.
- by 15 December 2026, develop and implement ecological risk mitigation measures to address all risks identified as being at high or severe risk identified in the ecological risk assessment.”
and replace with the words
“The Western Australian Department of Primary Industries and Regional Development must:
- by 15 December 2026, publish an ecological risk assessment for the Western Australian Gascoyne Demersal Scalefish Managed Fishery, which considers the impacts of the fishery on all target and non-target species, habitats, and the broader ecosystem.
- by 15 June 2027, develop and implement ecological risk mitigation measures to address all risks identified as being at high or severe risk identified in the ecological risk assessment”
Dated this 31 day of October 2025
SIGNED
………….….........………….........
Delegate of the Minister for the Environment and Water
Notes: Under the Administrative Appeals Tribunal Act 1975, 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 by the Australian Parliament to address the need for comprehensive protection of the environment, particularly species and ecosystems of national and global significance. This legislation aims to prevent significant impacts on matters of national environmental significance by regulating activities that may affect them. The Act establishes a framework for the conservation and protection of wildlife and biodiversity, integrating environmental considerations into decision-making processes across various sectors. The policy objective of the Act is to ensure that environmental protection is a critical factor in the development and management of natural resources. This notifiable instrument modifies an existing declaration of an approved wildlife trade operation for the Western Australian Gascoyne Demersal Scalefish Managed Fishery, extending deadlines for ecological risk assessments and mitigation measures to better align with the management regime under the Fish Resources Management Act 1994 and Fish Resources Management Regulations 1995.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as amended by the notifiable instrument F2025N00868, pertains specifically to the Western Australian Gascoyne Demersal Scalefish Managed Fishery. This Act applies to the entities and persons involved in the operation of this fishery, including the Western Australian Department of Primary Industries and Regional Development. Its jurisdiction extends nationally, with the Commonwealth government exercising oversight over the management and ecological impact of the fishery. The Act mandates the publication of an ecological risk assessment by the relevant department and requires the development and implementation of risk mitigation measures, subject to the conditions outlined in the instrument. The geographic scope is limited to the waters and ecosystems within the Gascoyne region of Western Australia, governed by the Fish Resources Management Act 1994 and its regulations. While the Act imposes obligations on specific entities, it does not explicitly provide for exclusions or exemptions within the text of the instrument. The application and enforcement of the Act may be further defined through subordinate instruments.
Key Provisions
The key provision of this notifiable instrument (F2025N00868) is the variation of an existing declaration for the approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303FT(7)(b)). Specifically, the condition previously requiring the Western Australian Department of Primary Industries and Regional Development to publish an ecological risk assessment by 15 December 2025 and develop and implement mitigation measures by 15 December 2026, is being altered. The new condition stipulates that the ecological risk assessment must be published by 15 December 2026, and the mitigation measures must be developed and implemented by 15 June 2027. This change is intended to provide the department with additional time to conduct a thorough assessment and address any identified risks.
The obligations imposed by this legislation require the Western Australian Department of Primary Industries and Regional Development to adhere to the new timeline for publishing an ecological risk assessment and implementing risk mitigation measures. This includes conducting comprehensive research to evaluate the impacts of the fishery on all target and non-target species, habitats, and the broader ecosystem, and developing strategies to mitigate any identified high or severe risks. These obligations are crucial for ensuring the sustainable management of the fishery and the protection of biodiversity.
Failure to comply with the conditions set out in this declaration may result in legal consequences. Under the EPBC Act, breaches of the conditions of an approved wildlife trade operation can lead to civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties for offences under the EPBC Act can include substantial fines and, in some cases, imprisonment for individuals or corporate entities found guilty of serious breaches. It is imperative that the department adheres to the stipulated timelines and requirements to avoid potential legal ramifications.