Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the problem of preserving Australia's biodiversity and managing the environmental impacts of developments and activities. The EPBC Act provides a framework for the protection of the environment, particularly focusing on matters of national environmental significance. In this context, the Act aims to ensure that biodiversity is protected and that developments and activities are managed in a sustainable manner, balancing economic, social, and environmental considerations. In May 2013, Tony Burke, the Minister for Sustainability, Environment, Water, Population and Communities, declared the operations for the harvesting of specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act, taken in the Western Australian West Coast Rock Lobster Managed Fishery, to be an approved wildlife trade operation. This declaration was made under section 303FN of the EPBC Act and is valid until 28 May 2015, subject to specific conditions outlined in the Schedule. The policy objective of this declaration is to ensure that the operations within the fishery are conducted in a manner that is ecologically sustainable and complies with the requirements of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities that may impact on matters of national environmental significance, including the operations of wildlife trade. This Act applies to persons, entities, and industries involved in wildlife trade operations, particularly those involving the harvesting of fish or invertebrate specimens in the Western Australian West Coast Rock Lobster Managed Fishery. The Act’s jurisdiction extends across the Commonwealth of Australia, ensuring a national standard for the management and conservation of biodiversity. However, it specifically recognises and incorporates the management regimes established under state legislation, such as the Western Australian Fish Resources Management Act 1994. The declaration of the fishery operations as an approved wildlife trade operation is subject to specific conditions, such as adherence to the legislated management plan and reporting requirements, and excludes specimens of species listed under Part 13 of the EPBC Act. This declaration remains in effect until 28 May 2015, unless otherwise amended or revoked, and the application of the Act can be further extended or restricted through subordinate instruments.

Key Provisions

The key operative sections of the declaration are sections 303FN and 303FT of the EPBC Act. Section 303FN allows the Minister to declare an operation as an approved wildlife trade operation if satisfied on specified matters, while section 303FT allows the Minister to impose conditions on such an operation. This declaration applies to the operations for the harvesting of specimens that are, or are derived from, fish or invertebrates taken in the Western Australian West Coast Rock Lobster Managed Fishery, excluding specimens of species listed under Part 13 of the EPBC Act. The obligations imposed by this declaration on the parties involved include compliance with the West Coast Rock Lobster Managed Fishery management regime as set out under the Western Australian Fish Resources Management Act 1994. The Western Australian Department of Fisheries is required to advise the relevant department of any intended material changes to the management plan and arrangements that may affect the assessment against which EPBC Act decisions are made. Additionally, the Department of Fisheries must report on the performance of the fishery against specified sustainability measures in its Annual State of the Fisheries and Aquatic Resources Report. Failure to comply with the conditions set out in the declaration may result in civil or criminal consequences, depending on the severity of the breach. Under the EPBC Act, breaches of certain provisions can result in penalties, including fines of up to $66,000 for individuals and $330,000 for bodies corporate, as well as imprisonment for up to five years for serious offences. The specific penalties for breach of the conditions in this declaration would depend on the nature and severity of the non-compliance.