Declaration of an Approved Wildlife Trade Operation – Western Australian South Coast Crustacean Managed Fishery, January 2021
made under subsection 303FN(2) and paragraph 303FN(10)(d) of the
Environment Protection and Biodiversity Conservation Act 1999
Compilation No. 1
Compilation date: 22 December 2022
Includes amendments up to: F2022N00324
Registered: 10 February 2023
About this compilation
This compilation
This is a compilation of the Declaration of an Approved Wildlife Trade Operation – Western Australian South Coast Crustacean Managed Fishery, January 2021 that shows the text of the law as amended and in force on 22 December 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN SOUTH COAST CRUSTACEAN MANAGED FISHERY, JANUARY 2021
I, LAURA TIMMINS, Senior Director, Wildlife Trade Office, as Delegate of the Minister for the Environment being satisfied as to those matters set out in section 303FN declare the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the Western Australian South Coast Crustacean Managed Fishery as defined in the management regime in force under the Fish Resources Management Act 1994; Fish Resources Management Regulations 1995 (FRMR); FRMA Section 43 Order but not including:
(a) specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or
(b) specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or
(c) specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
(d) specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).
to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d), for the purposes of the EPBC Act.
Unless amended or revoked, this declaration:
a) is valid for three years from the day after the date of registration on the Federal Register
of Legislation;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
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 Agriculture, Water and the Environment 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 Agriculture, Water and the Environment, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au..
Declaration of the harvest operations of the Western Australian South Coast Crustacean Managed Fishery as an approved wildlife trade operation, January 2021
ADDITIONAL PROVISIONS (section 303FT)
Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the the Western Australian South Coast Crustacean Managed Fishery:
1. 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).
2. 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.
3. 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.
4. 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.
5. 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.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Declaration of an Approved Wildlife Trade Operation – Western Australian South Coast Crustacean Managed Fishery, January 2021 | 25 Jan 2021 (F2021N00019) | 26 Jan 2021 |
|
Declaration of an Approved Wildlife Trade Operation – Western Australian South Coast Crustacean Managed Fishery, December 2022 | 21 Dec 2022 (F2022N00324) | 22 Dec 2022 | — |
Endnote 4—Amendment history
Provision affected | How affected |
Schedule |
|
Schedule................. | am F2022N00324 |
| ed C1 |
Endnote 5—Editorial changes
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Kind of editorial change
Give effect to the misdescribed amendments as intended
Details of editorial change
The Declaration of an Approved Wildlife Trade Operation – Western Australian South Coast Crustacean Managed Fishery, December 2022 instructs to vary the conditions specified in the Schedule to the Declaration of an Approved Wildlife Trade Operation – Western Australian South Coast Crustacean Managed Fishery, January 2021.
The heading identifying the Schedule does not appear. However, the quoted text exactly matches the text in the conditions.
This compilation was editorially changed to apply the amendments to the conditions and give effect to the misdescribed amendments as intended.