Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly the nation’s biodiversity and matters of national environmental significance. This legislation aims to address the problem of unsustainable wildlife trade operations that could potentially harm biodiversity and the environment. The Act was introduced by the Australian Parliament and its policy objective is to ensure that any significant impacts on the environment are properly assessed and managed. In January 2020, a notifiable instrument was introduced under the Act to declare the operations for the harvesting of specimens from fish or invertebrates taken in the Western Australian West Coast Purse Seine Managed Fishery and Development Zones as an approved wildlife trade operation, subject to certain conditions. This declaration ensures that the operations are ecologically sustainable and do not adversely affect protected species or the environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operations of the Western Australian West Coast Purse Seine Managed Fishery and Development Zones as declared under the Act, specifically excluding any specimens belonging to taxa listed under sections 209, 248, or 303BC, and 303CA of the EPBC Act. This declaration, made by Dane Roberts as the Delegate of the Minister for the Environment, recognises the operations as an approved wildlife trade operation. This declaration is valid until January 2023 and is subject to the additional conditions specified in the Schedule, which require the operations to adhere to the management regime under the Fish Resources Management Act 1994 (Western Australia) and mandate reporting and strategy development by the Western Australian Department of Primary Industries and Regional Development to ensure the ecological sustainability of the fishery. The jurisdictional reach of this Act is national, applying to the entire Commonwealth of Australia, and any person whose interests are affected by this declaration can apply for a review or seek reasons for the decision.

Key Provisions

The key operative sections of the Notifiable instrument F2020N00004 include the declaration of an approved wildlife trade operation for the Western Australian West Coast Purse Seine Managed Fishery and Development Zones (sections 303FN, 303FN(2), 303FN(10)(d)). This declaration permits the operations for harvesting specimens of fish and invertebrates under specific conditions and exclusions, such as those pertaining to listed species under the EPBC Act (sections 209, 248, 303BC, 303CA). The declaration is valid until January 10, 2023, and is subject to conditions outlined in the Schedule (section 303FT). The Schedule includes provisions for the operation of the fishery under the Fish Resources Management Act 1994, mandatory reporting requirements, and the development of a formal harvest strategy. The obligations imposed on the parties governed by this Act include adherence to the management regime under the Fish Resources Management Act 1994 (Western Australia), notification of any material changes to the management arrangements to the Department of the Environment and Energy, and annual reporting as specified in Appendix B of the ‘Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition’. Additionally, the Western Australian Department of Primary Industries and Regional Development is required to work towards developing a formal harvest strategy for the West Coast Purse Seine Managed Fishery and Development Zones to ensure the future ecological sustainability of the marine resources. In terms of offences, penalties, or consequences for breach, the Notifiable instrument F2020N00004 does not specify particular offences, penalties, or consequences directly within the text. However, non-compliance with the conditions specified in the Schedule or failure to adhere to the management regime could lead to administrative actions or legal consequences under the overarching Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). For example, violations of the EPBC Act may result in fines or imprisonment, depending on the severity of the breach. The maximum penalties for breaches of the EPBC Act are outlined in the Act itself, which can include fines of up to AUD 1.1 million for corporations and up to AUD 220,000 for individuals, alongside or in lieu of imprisonment terms. For those whose interests are affected by this declaration, there is a right to apply in writing to the Department of the Environment and Energy for reasons for the decision within 28 days of the declaration. Additionally, an application for independent review of the decision can be made to the Administrative Appeals Tribunal (AAT) within 28 days of receipt of the reasons for the decision or within 28 days of the declaration if reasons are not sought. These provisions ensure that affected parties have avenues to challenge the decision and seek clarification or review.