Declaration of an Approved Wildlife Trade Operation – Western Australian South Coast Crustacean Managed Fishery, December 2022

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

Legislation au F2022N00324 In force Notifiable Instrument

Legislation content

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN SOUTH COAST CRUSTACEAN 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 21 January 2021 for the Western Australian South Coast Crustacean Managed Fishery, as defined in the management regime in force under the Fish Resources Management Act 1994 (WA), and the Fish Resources Management Regulations 1995 (WA), such that the conditions specified in the Schedule to that declaration is varied as follows:

In Condition 1, delete the words

“Operation of the Western Australian South Coast Crustacean Managed Fishery will be carried out in accordance with the South Coast Crustacean Managed Fishery Management Plan 2015, in force under the Fish Resources Management Act 1994; the Fish Resources Management Regulations 1995 (FRMR); and the FRMA Section 43 Order.”

and replace with the words

“Operation of the Western Australian South Coast Crustacean Managed Fishery will be carried out in accordance with the South Coast Crustacean Managed Fishery Management Plan 2015, in force under the Fish Resources Management Act 1994 (WA) and the Fish Resources Management Regulations 1995 (WA).”

In Condition 2, delete the words

“The Western Australian Department of Primary Industries and Regional Development, to inform the Department of Agriculture, Water and the Environment of any intended material changes to the Western Australian South Coast Crustacean 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 South Coast Crustacean 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, to 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 Department of 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 4, delete the words

“By 31 December 2022, the Western Australian Department of Primary Industries and Regional Development to:

a)      finalise and implement a formal harvest strategy for the fishery, including objectives and performance criteria by which the effectiveness of the management arrangements is measured.”

 and replace with the words

“By September 2023, the Western Australian Department of Primary Industries and Regional Development must develop a harvest strategy for the fishery, including objectives and performance criteria by which the effectiveness of the management arrangements is measured.”

In Condition 5, delete the words

“By 31 December 2022, the Western Australian Department of Primary Industries and Regional Development to:

a)      ensure finer-scale catch and effort data obtained through the Trip Returns is used to inform annual stock assessments and factored into appropriate management responses.

b)      continue investigations into stock sustainability in all fishing zones and develop short and long term management measures aimed at rebuilding stock abundance levels.

The Western Australian Department of Primary Industries and Regional Development must provide progress updates on the above to the Department of Agriculture, Water and the Environment, through the annual reporting process detailed in condition 3.”

and replace with the words

“By 31 July 2023, the Western Australian Department of Primary Industries and Regional Development must:

a)      ensure finer-scale catch and effort data obtained through the Trip Returns is used to inform annual stock assessments and factored into appropriate management responses.

b)      continue investigations into stock sustainability in all fishing zones and develop short and long term management measures aimed at rebuilding stock abundance levels.

The Western Australian Department of Primary Industries and Regional Development must provide progress updates on the above to the Department of Climate Change, Energy, the Environment and Water, through the annual reporting process detailed in condition 3.”

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 to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to implement Australia’s international environmental obligations. This Act was introduced to address the need for a comprehensive framework that ensures the protection of the environment and biodiversity, particularly in the context of trade and development activities. The EPBC Act serves as a critical tool for integrating environmental considerations into decision-making processes across various sectors. The Act is administered by the Commonwealth Parliament and its policy objective is to safeguard Australia's environment, including its unique flora, fauna, ecological communities, and heritage places, by regulating activities that may impact these elements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and individuals involved in activities that may impact on matters of national environmental significance. In this instance, the Act applies specifically to the Western Australian South Coast Crustacean Managed Fishery, which is governed under the Fish Resources Management Act 1994 (WA) and the Fish Resources Management Regulations 1995 (WA). The Act regulates the operation of this fishery to ensure it aligns with the overarching goal of protecting and conserving biodiversity and ecological systems. The geographic reach of the EPBC Act is national, as it is a Commonwealth Act, but its application here is specifically to a regional fishery within Western Australia. The Act’s provisions extend through subordinate instruments that allow for detailed management plans and reporting requirements, which are tailored to specific fisheries and their ecological impacts. Exclusions and exemptions within the Act are determined by the specific conditions of each wildlife trade operation declaration, which in this case, focuses on refining the management practices of the fishery to better protect environmental outcomes.

Key Provisions

The main operative sections of this notifiable instrument, as set out in the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), pertain to the variation of a declaration for an approved wildlife trade operation. Specifically, this instrument modifies the conditions for the Western Australian South Coast Crustacean Managed Fishery, as governed by the Fish Resources Management Act 1994 (WA) and Fish Resources Management Regulations 1995 (WA). Section 303FT(7)(b) of the EPBC Act authorises the Minister for the Environment and Water to vary the declaration, and in this instance, the variation is executed by the Delegate, Susan Cooper, Principal Director of the Wildlife Trade Office (paragraph 303FT(7)(b)). The variations primarily involve changes to the management plans and reporting requirements for the fishery (Schedule). The obligations and requirements imposed by this instrument on the relevant parties, particularly the Western Australian Department of Primary Industries and Regional Development, are detailed in the varied conditions. Firstly, operations must adhere to the South Coast Crustacean Managed Fishery Management Plan 2015, which is administered under the Fish Resources Management Act 1994 (WA) and Fish Resources Management Regulations 1995 (WA). Secondly, any material changes to the fishery's management arrangements must be communicated to the Department of Climate Change, Energy, the Environment and Water. Thirdly, the Department must produce annual reports in accordance with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition, and submit these reports to the same department. Additionally, by specific deadlines, the Department must develop a harvest strategy for the fishery, incorporating objectives and performance criteria, and continue to investigate stock sustainability while developing management measures to rebuild stock abundance levels. Progress updates on these activities must be provided through the annual reporting process. The instrument also outlines potential consequences for non-compliance with the varied conditions. Although the specific offences and penalties are not detailed in the text provided, the instrument refers to the Administrative Appeals Tribunal Act 1975, which allows for a person whose interests are affected by this decision to apply for a statement of reasons and independent review of the decision. An application for a statement of reasons can be made within 28 days of the date of the declaration, and an application for independent review can be made to the Administrative Appeals Tribunal within the same timeframe, or within 28 days of receiving reasons if applicable. Failure to comply with the conditions set out in the declaration could potentially result in further actions being taken under the EPBC Act, although the exact nature of these actions is not specified in the text.

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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.