Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The Act addresses the problem of ensuring that biodiversity and ecological processes are conserved and managed sustainably. This legislation was introduced by the Parliament of Australia with the policy objective of preventing the extinction of species and ecological communities, and protecting threatened species and their habitats. In August 2018, the Minister for the Environment, Melissa Price, declared the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the Western Australian Pilbara Fish Trawl Managed Fishery, as an approved wildlife trade operation under section 303FN of the EPBC Act. This declaration recognises the fishery's compliance with the ecological sustainability criteria and aims to facilitate responsible wildlife trade practices. The declaration is subject to specific conditions and will remain in effect until 20 August 2021, unless amended or revoked.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the declaration of approved wildlife trade operations, as exemplified by the declaration concerning the Western Australian Pilbara Fish Trawl Managed Fishery. This Act applies to the operations of the fishery, specifically the harvesting of fish or invertebrate specimens derived from fish, excluding those that belong to eligible listed threatened species or taxa listed under Australia’s CITES list. The Minister for the Environment, having reviewed the application, public comments, and ecological sustainability advice, has declared these operations as an approved wildlife trade operation under the EPBC Act. This declaration, effective until 20 August 2021, is contingent on adherence to specific conditions outlined in the Schedule of the Act, including compliance with the Western Australian Pilbara Fish Trawl (Interim) Managed Fishery Management Plan and the requirement for the Western Australian Department of Primary Industries and Regional Development to report any material changes to the Department of the Environment and Energy. This legislative framework underscores the Commonwealth's commitment to ensuring sustainable wildlife trade practices within its jurisdiction.

Key Provisions

The primary operative sections of this legislation (sections 303FN and 303FT) declare the operations for the harvesting of fish and invertebrate specimens in the Western Australian Pilbara Fish Trawl Managed Fishery to be an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This declaration specifies that the operations are valid until 20 August 2021 and are subject to certain conditions outlined in the Schedule. These conditions include compliance with the Western Australian Pilbara Fish Trawl (Interim) Managed Fishery Management Plan 1997, notification of any material changes to the fishery management arrangements to the Department of the Environment and Energy, and the submission of annual reports by the Western Australian Department of Primary Industries and Regional Development. The obligations imposed by this Act require the Western Australian Department of Primary Industries and Regional Development to ensure that the operations within the Pilbara Fish Trawl Managed Fishery adhere to the specified management plan and regulations under the Fish Resources Management Act 1994 (WA) and Fish Resources Management Regulations 1995 (WA). Additionally, the department must inform the Department of the Environment and Energy of any significant changes to the fishery management arrangements that could impact the ecological sustainability assessments. Furthermore, the department is required to produce and present annual reports to the Department of the Environment and Energy, following the guidelines set out in Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions within the provided text. However, given the overarching nature of the EPBC Act, any non-compliance with the conditions specified in the Schedule or failure to adhere to the management plan and regulations could potentially lead to enforcement actions under the broader provisions of the EPBC Act. These actions could include administrative penalties, fines, and other enforcement measures as determined by the relevant authorities. The maximum penalties would be in accordance with the general enforcement provisions of the EPBC Act, which can include significant fines and potential criminal sanctions for serious breaches.