Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the problem of biodiversity loss and the decline in the health and integrity of the nation’s environment. This Act provides a framework for the protection and management of Australia’s biodiversity and its interaction with the environment. The policy objective of the Act is to ensure that biodiversity is conserved and that the impacts of activities, projects, and developments on the environment are minimised and mitigated. In the context of wildlife trade operations, the EPBC Act aims to regulate and oversee activities that involve the trade of wildlife to prevent unsustainable practices that could lead to further biodiversity decline. The declaration of an approved wildlife trade operation, such as the Western Australian South Coast Crustacean Fishery, under the EPBC Act ensures that these activities are conducted in a manner that is ecologically sustainable and complies with the national environmental standards set out in the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the approval of wildlife trade operations under its provisions. In July 2017, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, declared the operations of the Western Australian South Coast Crustacean Fishery as an approved wildlife trade operation. This declaration applies to the harvesting of specimens that are or are derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act (except conservation dependent species) and those listed under Australia's CITES list, as specified in section 303CA of the EPBC Act. The declaration is valid until 31 July 2020 and is subject to conditions specified in the Schedule, which include adherence to the management regime under the Western Australian Fish Resources Management Act 1994 and Fish Resources Management Regulations 1995. The Western Australian Department of Primary Industries and Regional Development must inform the Department of the Environment and Energy of any material changes to the fishery's management arrangements and report on the fishery's sustainability in its annual status reports. This declaration extends to the Commonwealth and Western Australia and is subject to the broader regulatory framework under the EPBC Act.

Key Provisions

The primary sections of this legislation (sections 303FN and 303FT) declare the Western Australian South Coast Crustacean Fishery's operations as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This means that the operations are deemed to comply with the requirements of the EPBC Act, specifically concerning the harvesting of fish or invertebrate specimens, excluding those species listed under Part 13 of the Act, aside from those in the conservation dependent category, and excluding taxa listed under section 303CA (Australia’s CITES list). The declaration is valid until 31 July 2020 and is subject to conditions outlined in the Schedule. The obligations imposed by the Act on the Western Australian Department of Primary Industries and Regional Development (DPIRD) include adhering to the management regime under the WA Fish Resources Management Act 1994 and the WA Fish Resources Management Regulations 1995. Additionally, DPIRD must inform the Department of the Environment and Energy of any intended material changes to the fishery’s management arrangements that may affect the sustainability assessment. DPIRD is also required to report on the fishery's performance in its annual Status reports of the fisheries and aquatic resources of Western Australia. The legislation does not explicitly state offences, penalties, or consequences for breach within the declaration itself. However, non-compliance with the conditions set out in the Schedule or failure to meet the obligations specified could potentially lead to revocation of the approved wildlife trade operation status. Such a revocation could result in the cessation of the fishery operations, pending review and further action by the Department of the Environment and Energy. Further legal consequences might include administrative or legal actions under the EPBC Act or related environmental laws, depending on the nature and severity of the breach.