COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN MARINE AQUARIUM FISH MANAGED FISHERY, SEPTEMBER 2023
I, BELINDA JAGO, Branch Head, Oceans 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 2 November 2022 for the Western Australian Marine Aquarium Fish Managed Fishery, as defined in the management regime in force under the Fish Resources Management Act 1994 (WA), Fish Resources Management Regulations 1995 (WA), Marine Aquarium Fish Managed Fishery Management Plan 2018 and if by way of authority of an exemption granted in accordance with Section 7 of the Western Australian Fish Resources Management Act 1994 (WA), such that the conditions specified in Schedule 2 to that declaration is varied as follows:
In Condition 6 a), delete the words
“by 1 July 2023, limit the annual take of species of hard corals from the fishery, including any species taken for broodstock, public aquarium, or research purposes, as described in Attachment B”
and replace with the words
“by 1 July 2023, limit the annual take of species of hard corals from the fishery, including any species taken for broodstock, as described in Attachment B”
In Condition 6 b), delete the words
“by 1 July 2023, limit the annual take of hard corals from the fishery, including any species taken for broodstock, public aquarium, or research purposes, to 200% of the average harvest level taken during the 2008-2013 historical reference period, or 600 kg (whichever is greater), for all other species of hard corals with a catch history in the fishery during the reference period”
and replace with the words
“by 1 July 2023, limit the annual take of hard corals from the fishery, including any species taken for broodstock, to 200% of the average harvest level taken during the 2008-2013 historical reference period, or 600 kg (whichever is greater), for all other species of hard corals with a catch history in the fishery during the reference period”
Dated this 6th day of September 2023
Belinda Jago
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 Appeals 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 address the problem of biodiversity loss and to provide for the protection of the environment, particularly by regulating activities that may have a significant impact on matters of national environmental significance. The Act was introduced by the Parliament of Australia to provide a comprehensive framework for the protection of the environment and to ensure that decisions about the environment are made in a transparent and accountable manner. This legislation aims to balance environmental protection with economic development and social well-being. The policy objective of the Act is to protect and conserve Australia's biodiversity and ecosystems, including threatened species and ecological communities, and to promote the sustainable use of natural resources.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is applicable to a range of persons and entities involved in wildlife trade operations, particularly those engaged in the management and operation of fisheries within Australia. In this case, the Act applies to the Western Australian Marine Aquarium Fish Managed Fishery, as defined under the Fish Resources Management Act 1994 (WA) and its associated regulations. The declared operation must comply with the conditions specified in the approved wildlife trade operation declaration, which includes taking measures to limit the annual harvest of hard corals. The jurisdictional reach of this Act is Commonwealth, with the declared operation being subject to both state and federal regulations, and the Act extends its application through subordinate instruments, such as management plans and regulations, to ensure comprehensive coverage of wildlife trade operations. Any exemptions or exclusions must comply with the provisions of the Fish Resources Management Act 1994 (WA) and the EPBC Act itself.
Key Provisions
The main operative sections of this notifiable instrument vary the conditions of an approved wildlife trade operation for the Western Australian Marine Aquarium Fish Managed Fishery, which is managed under the Fish Resources Management Act 1994 (WA) and related regulations. Specifically, the variation concerns Condition 6 of the declaration, which pertains to the annual take of hard corals from the fishery. The variation removes the references to hard corals being taken for public aquarium or research purposes, and instead limits the annual take of such corals to those taken for broodstock purposes only. This change is effective by 1 July 2023.
The Act imposes several obligations and requirements on parties and entities governed by it. Firstly, the Western Australian Marine Aquarium Fish Managed Fishery must adhere to the new conditions set out in Condition 6, specifically the adjusted annual take limits for hard corals. The changes mean that only hard corals taken for broodstock purposes can be included in the annual take, and the limits must be set according to the average harvest levels from the 2008-2013 historical reference period or a fixed amount of 600 kg, whichever is greater. This ensures that the fishery remains within sustainable limits and minimises the impact on coral populations.
Breaching the conditions set out in this notifiable instrument can result in significant civil and criminal consequences. The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for various offences and penalties. For example, knowingly or recklessly contravening a condition of an approved wildlife trade operation could result in a civil penalty of up to $66,600 per day for a corporation, and up to $13,320 per day for an individual. Additionally, a court may order other remedies, such as injunctions or compensation for harm caused. Furthermore, in cases where the breach is considered serious or repeated, criminal charges may be brought against the responsible individual or corporation, with potential imprisonment terms also specified in the Act.