Declaration of an Approved Wildlife Trade Operation – Western Australian Pilbara Fish Trawl Interim Managed Fishery, January 2024

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment, particularly wildlife, and to manage activities that may have significant impacts on the environment. This Act empowers the federal government to regulate activities that may affect matters of national environmental significance, such as the conservation of biodiversity. The EPBC Act was introduced to fill the gap in comprehensive environmental protection at the national level, ensuring that critical ecosystems and species are safeguarded. Enacted by the Parliament of Australia, the policy objective of the Act is to protect and manage Australia's environment by providing for the assessment and approval of actions that may significantly impact the environment, particularly focusing on biodiversity conservation. The recent variation to the declaration of an approved wildlife trade operation for the Western Australian Pilbara Fish Trawl Interim Managed Fishery under this Act demonstrates the ongoing commitment to ensure sustainable management and conservation of marine resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as varied by the declaration for the Western Australian Pilbara Fish Trawl Interim Managed Fishery, applies to the management and ecological oversight of fisheries within the specified region, ensuring compliance with national environmental standards. This Act targets the activities of the Western Australian Department of Primary Industries and Regional Development, particularly in relation to the ecological risk assessment and the implementation of interim risk mitigation measures for the fishery. The jurisdictional reach of this Act extends across the Commonwealth of Australia, ensuring a unified approach to environmental conservation and biodiversity protection. The declaration specifically excludes other fisheries or regions not covered by the Western Australian Pilbara Fish Trawl Interim Managed Fishery, while the conditions outlined in the Schedule provide specific obligations and timelines for reporting and mitigation efforts. The Act’s application is further detailed and extended through subordinate instruments, which may include regulations and guidelines issued by the relevant authorities.

Key Provisions

The key operative sections of this notifiable instrument include section 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) which allows for the variation of the declaration of an approved wildlife trade operation. The instrument varies the declaration for the Western Australian Pilbara Fish Trawl Interim Managed Fishery, as defined under the Fish Resources Management Act 1994 (WA) and the Fish Resources Management Regulations 1995 (WA). Specifically, it modifies Condition 5 to require a report by February 2024 on the progress towards an ecological risk assessment and the implementation of interim ecological risk mitigation measures, while deleting Condition 6. The variation is effective from the date of the instrument, 4 January 2024. The obligations imposed by the Act on the parties involved primarily focus on environmental management and reporting. The Western Australian Department of Primary Industries and Regional Development must now report to the Department of Climate Change, Energy, the Environment and Water by February 2024. This report should detail progress on the ecological risk assessment for the North Coast Demersal Scalefish Resource, describe the interim ecological risk mitigation measures in place, and outline efforts towards developing and implementing a rebuilding strategy for depleted or overfished stocks. The deletion of Condition 6 removes the prior requirement for publishing an ecological risk assessment by December 2022, shifting the focus to interim reporting and mitigation measures. Failure to comply with the provisions set out in this notifiable instrument could lead to various consequences. While specific offences and penalties are not detailed in the text, breaches of environmental protection legislation can generally result in substantial fines and potential criminal charges. Under the EPBC Act, penalties can include significant financial penalties for both individuals and corporations. Additionally, ongoing non-compliance could lead to further regulatory actions, including the possibility of additional sanctions or restrictions on the fishery operations. The instrument also notes that affected parties may seek a statement of reasons and independent review of the decision through the Administrative Appeals Tribunal.