Environment Protection and Biodiversity Conservation Act 1999
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, NOVEMBER 2025
I, BELINDA JAGO, Branch Head, Ocean and Wildlife, 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 16 August 2024 for 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 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 Schedule 1 to that declaration are varied as follows:
In Condition 5, delete the words
“The Western Australian Department of Primary Industries and Regional Development must:
- by 1 December 2025, develop and implement independent monitoring and data validation that is representative of the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline Managed Fishery. The information collected must be sufficient to reliably demonstrate the accuracy of endangered, threatened and protected species interaction data collected via logbooks.”
and replace with the words
“The Western Australian Department of Primary Industries and Regional Development must:
- by 1 June 2026, develop and implement independent monitoring and data validation that is representative of the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline Managed Fishery. The information collected must be sufficient to reliably demonstrate the accuracy of endangered, threatened and protected species interaction data collected via logbooks.”
Dated this 7th day of November 2025
SIGNED
………….…………….........
Delegate of the Minister for the Environment and Water
Notes: Under the Administrative Review Tribunal Act 2024, 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 Review 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, Email: sustainablefisheries@dcceew.gov.au.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive protection of the environment, particularly in relation to biodiversity conservation and the regulation of activities that may impact on matters of national environmental significance. The Act provides a framework for the protection and management of the environment by regulating activities that may have a significant impact on the environment, including species and ecosystems of national environmental significance. The policy objective of the Act is to ensure that the environment is protected and biodiversity is conserved through the regulation of activities that may impact on matters of national environmental significance. The Act is administered by the Minister for the Environment and Water, who has the power to make declarations and vary conditions related to wildlife trade operations under the Act.
Scope and Application
The notifiable instrument under the Environment Protection and Biodiversity Conservation Act 1999 pertains to a variation in the declaration of an approved wildlife trade operation concerning the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery, and the Southern Demersal Gillnet and Demersal Longline Managed Fishery. This instrument applies to the operations and management regimes defined under the Fish Resources Management Act 1994 and the Fish Resources Management Regulations 1995 in Western Australia. The specified conditions of the declaration are altered to extend the deadline for the Western Australian Department of Primary Industries and Regional Development to develop and implement independent monitoring and data validation from 1 December 2025 to 1 June 2026. This adjustment ensures that the collected information remains sufficient to reliably demonstrate the accuracy of data on endangered, threatened, and protected species interactions as recorded in logbooks. The geographic reach of this Act is national, with the variation applying across the Commonwealth of Australia, and it specifically targets fisheries management practices within Western Australia. There are no stated exclusions, exemptions, or thresholds in this notifiable instrument.
Key Provisions
The main operative sections of this notifiable instrument (F2025N00888) vary the declaration of an approved wildlife trade operation concerning the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery, and the Southern Demersal Gillnet and Demersal Longline Managed Fishery. Specifically, it modifies Condition 5, which pertains to the implementation of independent monitoring and data validation by the Western Australian Department of Primary Industries and Regional Development. The original requirement to develop and implement this monitoring and validation by 1 December 2025 has been extended to 1 June 2026. This change ensures that the information collected will be sufficient to reliably demonstrate the accuracy of endangered, threatened, and protected species interaction data collected via logbooks (Section 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)).
The obligations imposed by this notifiable instrument are primarily on the Western Australian Department of Primary Industries and Regional Development. It mandates that the Department must develop and implement independent monitoring and data validation for the fisheries by 1 June 2026. This requirement ensures that the collected information will be sufficient to demonstrate the accuracy of data related to endangered, threatened, and protected species interactions, as reported in logbooks. This obligation is integral to maintaining compliance with the EPBC Act and ensuring that the fisheries operate sustainably and responsibly.
The Act also sets out potential consequences for non-compliance with its provisions. While specific offences and penalties are not detailed within this instrument, breaches of the EPBC Act can generally result in both civil and criminal penalties. Civil penalties can include fines up to the greater of $222,222 or three times the benefit obtained from the breach. Criminal penalties can include fines up to $275,000 for individuals and up to $1,375,000 for bodies corporate, as well as potential imprisonment for serious offences. Furthermore, the Administrative Review Tribunal Act 2024 provides avenues for those affected by this decision to seek a statement of reasons or apply for independent review of the decision. These provisions underscore the importance of adherence to the Act’s requirements and the potential ramifications for failure to comply.