Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the problem of protecting Australia's biodiversity and managing the impacts of activities on the environment. This legislation provides a framework for the protection of wildlife, threatened species and ecological communities through the Commonwealth. In this context, the EPBC Act seeks to ensure that activities, including trade operations, are ecologically sustainable. The Act is administered by the Parliament of Australia and aims to protect and manage the environment, particularly by preventing significant impacts on matters of national environmental significance. In accordance with the EPBC Act, Geoff Richardson, Assistant Secretary of the Marine Biodiversity and Biosecurity Branch and Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, declared the operations for the harvesting of fish and invertebrate specimens, excluding those of species listed under Part 13 of the EPBC Act, taken in the Western Australian South Coast Trawl Fishery, as an approved wildlife trade operation. This declaration is based on the ecological sustainability of the operation, as advised by the Western Australian Department of Fisheries. The declaration is valid until 6 May 2016 and is subject to certain conditions relating to the operation of the fishery, reporting requirements, and the development of trigger limits and management responses for scalefish catch.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operations of the Western Australian South Coast Trawl Fishery, which involves the harvesting of fish specimens or those derived from fish or invertebrates, excluding species listed under Part 13 of the EPBC Act. This legislation is enforced by the Commonwealth of Australia and specifically concerns the ecological sustainability of the fishery. The operations in question are declared as an approved wildlife trade operation under the EPBC Act, in accordance with sections 303FN and 303FT. This declaration mandates that the fishery must comply with the management regime under the Western Australian Fish Resources Management Act 1994 and requires the Western Australian Department of Fisheries to communicate any changes to management arrangements to the relevant federal department. Additionally, the department must provide annual reports and develop trigger limits for scalefish catch. The declaration remains valid until 6 May 2016, subject to specified conditions outlined in the Schedule, unless it is amended or revoked.

Key Provisions

The declaration, issued under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), pertains to the operations for the harvesting of fish or invertebrate specimens, excluding those of species listed under Part 13 of the EPBC Act, within the Western Australian South Coast Trawl Fishery. The Assistant Secretary, Marine Biodiversity and Biosecurity Branch, as a delegate of the Minister, has determined that these operations meet the criteria for an approved wildlife trade operation, as specified in subsection 303FN(2) and paragraph 303FN(10)(d). This declaration, effective until 6 May 2016, is subject to conditions outlined in section 303FT of the Act, which are detailed in the accompanying Schedule. The obligations imposed on the parties governed by this Act include adherence to the management regime set forth under the Western Australian Fish Resources Management Act 1994 for the operation of the South Coast Trawl Fishery. Specifically, the Western Australian Department of Fisheries is required to notify the Department of Sustainability, Environment, Water, Population and Communities of any proposed changes to the fishery management arrangements that could impact the ecological sustainability assessments underpinning decisions under the EPBC Act. Furthermore, the Department must annually submit reports in accordance with Appendix B of the 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition'. Additionally, the Department is tasked with developing trigger limits and associated management responses for scalefish catches within the fishery. Failure to comply with the conditions set out in the declaration and the requirements of the EPBC Act may result in civil or criminal penalties, although specific penalties are not detailed in the text provided. The consequences of non-compliance could potentially include revocation of the approved wildlife trade operation status and other legal actions as deemed appropriate by the relevant authorities under the EPBC Act.