Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework to protect and manage Australia's biodiversity and environment, ensuring that development and resource use are sustainable. This Act was introduced by the Commonwealth Parliament and its policy objective is to safeguard the nation's environmental heritage by regulating activities that may have a significant impact on the environment, including wildlife trade operations. In this context, the Act facilitates the declaration of certain wildlife trade operations as approved, ensuring that these activities comply with ecological sustainability criteria. In May 2015, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, declared the operations for the harvesting of fish and invertebrate specimens 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, subject to specific conditions outlined in the Schedule, to ensure that the fishery operates sustainably and in accordance with the management regime under the Western Australian Fish Resources Management Act 1994. This legislative action aims to balance economic activities with the need to protect and conserve Australia's marine biodiversity.

Scope and Application

The declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the operations involved in the harvesting of fish and invertebrate specimens, excluding those of species listed under Part 13 of the EPBC Act, taken in the Western Australian West Coast Rock Lobster Managed Fishery. This declaration is made by Paul Murphy, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, acting as a delegate of the Minister for the Environment, following a review of an application from the Western Australian Department of Fisheries and considering the ecological sustainability of the fishery. This declaration, which is valid until 25 May 2018, is subject to conditions outlined under section 303FT of the EPBC Act, as specified in the Schedule. The operations are to be conducted in compliance with the management regime established under the Western Australian Fish Resources Management Act 1994 and the associated regulations. Additionally, the Western Australian Department of Fisheries is mandated to inform the Department of the Environment of any significant changes to the management arrangements of the fishery and to include relevant sustainability performance measures in its annual report on the status of fisheries and aquatic resources in Western Australia. This declaration can be subject to review under the Administrative Appeals Tribunal Act 1975 by those whose interests are affected by the decision.

Key Provisions

The declaration under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) identifies the operations for the harvesting of specimens that are, or are derived from, fish or invertebrates, other than those species listed under Part 13 of the EPBC Act, taken in the Western Australian West Coast Rock Lobster Managed Fishery as an approved wildlife trade operation. This operation is approved until 25 May 2018, subject to conditions specified in the Schedule (section 303FT). The operations are to be conducted in accordance with the management regime under the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995. The obligations imposed on the parties, particularly the Western Australian Department of Fisheries, include the requirement to inform the Department of the Environment of any intended material changes to the management arrangements of the fishery that may affect the ecological sustainability assessment (Schedule, condition 2). Furthermore, the Department of Fisheries must report on the fishery's performance against sustainability measures in its annual Status of the fisheries and aquatic resources of Western Australia report (Schedule, condition 3). These conditions are essential to ensure that the approved wildlife trade operation continues to meet the standards set by the EPBC Act. For breaches of the provisions or conditions specified in the declaration, the Act may impose civil or criminal penalties. While the specific penalties are not detailed in the text, breaches of the EPBC Act can result in significant fines and potential imprisonment. The severity of penalties often depends on the nature and extent of the breach, with maximum penalties potentially reaching into the millions of dollars for corporations and significant fines for individuals, alongside imprisonment terms that can extend to several years. The enforcement of these penalties ensures compliance with the ecological sustainability standards set forth by the Act.