Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN PILBARA FISH TRAWL INTERIM MANAGED FISHERY, JANUARY 2024, No.2
I, JESSICA HOEY, Director, 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 21 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), Fish Resources Management Regulations 1995 (WA), and the Pilbara Trawl Interim Managed Fishery Management Plan 1997, such that the conditions specified in the Schedule to that declaration are varied as follows:
In Condition 5, delete 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.”
and replace with the words
“By February 2024, the Western Australian Department of Primary Industries and Regional Development must report to the Department of Climate Change, Energy, the Environment and Water on progress towards the ecological risk assessment for the North Coast Demersal Scalefish Resource. The report must provide information on the interim ecological risk mitigation measures being taken to minimise the impact of the fishery on all target and non-target species and habitats. The report must include a description of progress towards development and implementation of a rebuilding strategy for depleted or overfished stocks.”
Dated this 31 day of January 2024
………….…….SIGNED…………………….........
Delegate of the Minister for the Environment and Water
Notes:
1. 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, Wildlife Trade Assessments Section, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@environment.gov.au.
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. This legislation was introduced to address the gap in comprehensive environmental protection across Australia, ensuring that federal environmental responsibilities are met and that biodiversity is conserved. The EPBC Act aims to balance and protect the environment, society, and the economy, including the sustainable use of natural resources. The Act is administered by the Parliament of Australia, with the policy objective of protecting and managing Australia’s environment, particularly with regard to biodiversity, heritage, and matters of national environmental significance. The recent declaration and variation concerning the Western Australian Pilbara Fish Trawl Interim Managed Fishery demonstrates the Act's role in regulating wildlife trade operations and ensuring ecological sustainability.
Scope and Application
The declaration of an approved wildlife trade operation, as varied under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) for the Western Australian Pilbara Fish Trawl Interim Managed Fishery, applies to the Western Australian Department of Primary Industries and Regional Development. This declaration modifies the conditions of the approved operation, requiring the department to report on progress towards an ecological risk assessment for the North Coast Demersal Scalefish Resource by February 2024. The report must detail the interim ecological risk mitigation measures being implemented to minimise the impact of the fishery on all target and non-target species and habitats, and include a description of progress towards developing and implementing a rebuilding strategy for depleted or overfished stocks. This variation applies specifically to the operations within the Western Australian Pilbara region, governed under the Fish Resources Management Act 1994 (WA) and related regulations, and extends to the Commonwealth level through the EPBC Act. The changes made by this declaration do not alter the jurisdictional reach of the original declaration but rather adjust the requirements for reporting and risk mitigation. There are no exclusions or exemptions specified in this variation, and it is subject to the provisions of the EPBC Act and the Administrative Appeals Tribunal Act 1975, which allows for review of the decision by affected persons.
Key Provisions
The main operative sections of this legislation pertain to the variation of an existing declaration of an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303FT(7)(b) allows the Minister for the Environment and Water, through their delegate, to vary the conditions of such declarations. In this case, the declaration in question relates to the Western Australian Pilbara Fish Trawl Interim Managed Fishery, governed by the Fish Resources Management Act 1994 (WA) and Fish Resources Management Regulations 1995 (WA). The primary change involves modifying the requirement for an ecological risk assessment to instead mandate a progress report from the Western Australian Department of Primary Industries and Regional Development by February 2024. This report must detail interim ecological risk mitigation measures and progress on developing a rebuilding strategy for depleted or overfished stocks.
The Act imposes certain obligations on the parties it governs. The Western Australian Department of Primary Industries and Regional Development must submit a detailed report by February 2024, outlining the progress made towards an ecological risk assessment for the North Coast Demersal Scalefish Resource. This report must include specific information on the interim measures being implemented to mitigate the ecological risks associated with the fishery. Furthermore, it must describe the progress in developing and implementing a rebuilding strategy for any depleted or overfished fish stocks. These obligations are designed to ensure ongoing ecological monitoring and management of the fishery.
Breaching the conditions set out in the declaration can result in various consequences. Under the EPBC Act, failure to comply with the modified conditions may lead to enforcement actions. While specific penalties are not detailed in the text, breaches of similar conditions under the Act can result in substantial fines, both civil and criminal. For corporations, the maximum penalty for each offence can reach up to $3.3 million or three times the benefit gained from the breach, whichever is the greater. For individuals, the maximum penalty can be up to $330,000 or imprisonment for up to five years, or both. Additionally, the Act provides avenues for affected parties to seek a statement of reasons for the decision and apply for independent review through the Administrative Appeals Tribunal.