Declaration of an Approved Wildlife Trade Operation – Western Australian Pilbara Fish Trawl Interim Managed Fishery, December 2022

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2022N00328 Not in force Notifiable Instrument

Legislation content

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN PILBARA FISH TRAWL INTERIM MANAGED FISHERY, DECEMBER 2022

 

I, SUSAN COOPER, acting Principal Director, Wildlife Trade Office, 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 20 August 2021 for the Western Australian Pilbara Fish Trawl Interim Managed Fishery, as defined in the management regime in force under the Fish Resources Management Act 1994 (WA), Aquatic Resources Management Act 2016 (WA), Fish Resources Management Regulations 1995 (WA), Fisheries Management (Ocean Trawl Management Plan) Regulations 2006 (WA), and the Pilbara Fish Trawl Interim Managed Fishery Management Plan 1997, such that the conditions specified in the Schedule to that declaration is varied as follows:

In Condition 2, delete the words

“The Western Australian Department of Primary Industries and Regional Development must inform the Department of Agriculture, Water and the Environment of any intended material changes to the Western Australian Pilbara Fish Trawl Interim Managed Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.”

and replace with the words

“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 Pilbara Fish Trawl Interim Managed Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.”

In Condition 3, delete the words

“The Western Australian Department of Primary Industries and Regional Development must inform the Department of Agriculture, Water and the Environment of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.”

and replace with the words

“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 fisheries legislation that may affect the legislative instruments relevant to this approval.”

In Condition 4, delete the words

“The Western Australian Department of Primary Industries and Regional Development must produce and present reports to the Department of Agriculture, Water and the Environment annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.”

and replace with the words

“The Western Australian Department of Primary Industries and Regional Development must produce and present reports to the Climate Change, Energy, the Environment and Water annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.”

In Condition 5, delete the words

“By December 2022 the Western Australian Department of Primary Industries and Regional Development must publish an ecological risk assessment of the Western Australian Pilbara Fish Trawl Interim Managed Fishery, which considers the impacts of the fishery on all target and non-target species, habitats and other ecological processes.”

 and replace with the words

“By February 2024, the Western Australian Department of Primary Industries and Regional Development must publish an ecological risk assessment of the Western Australian Pilbara Fish Trawl Interim Managed Fishery, which considers the impacts of the fishery on all target and non-target species, habitats and other ecological processes.”

In Condition 8, delete the words

“By August 2024, the Western Australian Department of Primary Industries and Regional Development to formalise policy to support the existing electronic monitoring program for the Western Australian Pilbara Fish Trawl Interim Managed Fishery. This must include information on the frequency, and proportion of video data analysed, for independent review, to verify bycatch and reported rates of protected species interactions.

The findings from data collection and monitoring to be included in the annual reports provided to the Department of Agriculture, Water and the Environment.”

and replace with the words

“By February 2024, the Western Australian Department of Primary Industries and Regional Development must formalise a policy to support the existing electronic monitoring program for the Western Australian Pilbara Fish Trawl Interim Managed Fishery. This must include information on the frequency, and proportion of video data analysed, for independent review, to verify bycatch and reported rates of protected species interactions.

The findings from data collection and monitoring to be included in the annual reports provided to the Department of Climate Change, Energy, the Environment and Water.”

 

Dated this 21 day of December 2022

Susan Cooper

…………………………………..

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, Telephone: (02) 5156 3278 Email: sustainablefisheries@dcceew.gov.au.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for a comprehensive framework to protect and manage Australia's environment, particularly species and ecological communities of national environmental significance. The Act aims to provide for the protection of the environment, particularly matters of national environmental significance, by regulating actions that may have a significant impact on the environment, including the trade of wildlife. This legislation was introduced to fill a gap in the protection of biodiversity and to ensure that significant impacts on the environment are assessed and managed effectively. The policy objective of the Act is to protect and conserve Australia's biodiversity and environment through a coordinated approach that involves all levels of government and stakeholders.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the Western Australian Pilbara Fish Trawl Interim Managed Fishery, as defined under various Western Australian state laws including the Fish Resources Management Act 1994 and the Pilbara Fish Trawl Interim Managed Fishery Management Plan 1997. This Act regulates the environmental impact of the fishery and the management of wildlife trade associated with it. The legislation applies to the conduct and operations of the fishery within the Australian jurisdiction, specifically in the waters off the coast of Western Australia. The Act specifies that certain conditions related to the fishery's management arrangements, legislative changes, reporting requirements, and ecological risk assessments must be met by the Western Australian Department of Primary Industries and Regional Development. These conditions are set out in the Schedule to the declaration of an approved wildlife trade operation and include obligations such as notifying the Department of Climate Change, Energy, the Environment and Water of any material changes to management arrangements or fisheries legislation, producing annual reports, and publishing an ecological risk assessment by a specified deadline. The Act extends its application through subordinate instruments, which detail the specific obligations and requirements of the fishery's management and reporting.

Key Provisions

The key operative sections of this notifiable instrument (F2022N00328) are those that modify the declaration of an approved wildlife trade operation for the Western Australian Pilbara Fish Trawl Interim Managed Fishery under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The declaration, originally dated 20 August 2021, is varied to change certain conditions related to the reporting and monitoring requirements of the fishery. Specifically, Condition 2 now requires the Western Australian Department of Primary Industries and Regional Development to inform the Department of Climate Change, Energy, the Environment and Water of any material changes to the fishery management arrangements. Condition 3 similarly updates the department to inform the new department of any changes to fisheries legislation. Condition 4 mandates the department to produce and present annual reports to the Department of Climate Change, Energy, the Environment and Water. Condition 5 extends the deadline for publishing an ecological risk assessment of the fishery to February 2024. Finally, Condition 8 modifies the deadline for formalising a policy to support the electronic monitoring program to February 2024, and specifies that findings must be included in the annual reports. The obligations imposed on the Western Australian Department of Primary Industries and Regional Development by this instrument include notifying the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Western Australian Pilbara Fish Trawl Interim Managed Fishery management arrangements. They must also inform the new department of any intended changes to fisheries legislation that may affect the legislative instruments relevant to the approval. Additionally, the department is required to produce and present reports annually, in accordance with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. The department must also publish an ecological risk assessment of the fishery by February 2024, which must consider the impacts on all target and non-target species, habitats, and other ecological processes. Finally, the department must formalise a policy to support the existing electronic monitoring program by February 2024, including specifications on the frequency and proportion of video data analysed for independent review. Breach of any of the conditions specified in the declaration could result in civil or criminal consequences. While the maximum penalties are not explicitly stated in the text, breaches of the EPBC Act can lead to substantial fines and potential imprisonment, depending on the severity and intent of the breach. The department's failure to comply with the conditions could also result in the approval being revoked, leading to further legal and operational ramifications for the fishery. The notifiable instrument also mentions that affected parties may apply for a statement of reasons and for independent review of the decision under the Administrative Appeals Tribunal Act 1975. Applications for a statement of reasons can be made to the Department of Climate Change, Energy, the Environment and Water within 28 days of the declaration, while applications for independent review can be made to the Administrative Appeals Tribunal on payment of the relevant fee within 28 days of the declaration, or within 28 days of receipt of reasons if reasons are sought.

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Environmental Law
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Notifiable instrument
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Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.