Declaration of an Approved Wildlife Trade Operation – Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline Managed Fishery, May 2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the problem of protecting Australia's biodiversity and environment from significant impacts of proposed activities. This legislation was introduced to provide a robust framework for the assessment and management of activities that may have a substantial impact on the environment, including endangered species, ecosystems, and cultural heritage. The EPBC Act is administered by the Australian Parliament, aiming to balance environmental protection with economic development. The policy objective of the Act is to ensure the sustainable use of natural resources while preserving the integrity of Australia's unique flora, fauna, and ecosystems. This legislative instrument specifically pertains to the variation of an approved wildlife trade operation, focusing on the fisheries in Western Australia, to enhance the monitoring and data validation processes to better safeguard endangered, threatened, and protected species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to any person or entity involved in activities that may have a significant impact on matters of national environmental significance, including wildlife trade operations. In this instance, the Act applies specifically to the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline Managed Fishery, as defined by the Fish Resources Management Act 1994 and Fish Resources Management Regulations 1995. The declaration and its variations, made by the Delegate of the Minister for the Environment and Water, pertain to the Commonwealth jurisdiction and are intended to ensure the protection of endangered, threatened, and protected species within these fisheries. The declaration outlines specific conditions that the Western Australian Department of Primary Industries and Regional Development must meet, including the development and implementation of independent monitoring and data validation programs. While the Act does not explicitly state exclusions or exemptions, it operates within the framework of existing fisheries management regimes and international obligations under CITES. The application of the Act can be further refined through subordinate instruments, which can provide additional specific guidelines or conditions.

Key Provisions

The main operative sections of this notifiable instrument (F2026N00316) vary the declaration of an approved wildlife trade operation concerning the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery, as well as the Southern Demersal Gillnet and Demersal Longline Managed Fishery. Specifically, it amends Condition 5 to extend the deadline for developing and implementing independent monitoring and data validation from 1 June 2026 to 1 June 2027, ensuring the collected data accurately reflects endangered, threatened, and protected species interactions as recorded in logbooks. Additionally, it removes Condition 7, which previously required a review of spatial controls to minimise interactions and mortalities of Australian sea lions, and the subsequent reporting of findings by 1 February 2027. This revocation of Condition 7 means that the Western Australian Department of Primary Industries and Regional Development is no longer required to review and report on spatial controls designed to protect Australian sea lions. The obligations imposed by this Act on the parties it governs primarily concern the Western Australian Department of Primary Industries and Regional Development. They are required to develop and implement independent monitoring and data validation for the specified fisheries by 1 June 2027. This obligation ensures that the data collected from these fisheries accurately reflect interactions with endangered, threatened, and protected species. Previously, the department was also required to review spatial controls and report findings on the management regime designed to protect Australian sea lions. However, this requirement has been revoked. Additionally, any person whose interests are affected by this decision has the right to apply for a statement of reasons and for independent review of the decision under the Administrative Review Tribunal Act 2024. The Act also outlines potential consequences for breach, although specific penalties are not detailed within this notifiable instrument. Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), breaches of the conditions outlined in the declaration of an approved wildlife trade operation can result in civil or criminal penalties. Civil penalties may include fines, and in some cases, criminal penalties may apply, which could lead to imprisonment. Furthermore, Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Taxa listed in the CITES Appendices may only be exported under a CITES export permit if Australia’s CITES Scientific Authority has issued a non-detriment finding for that species. Failure to comply with these requirements can result in legal consequences under both Australian and international law.