COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF APPROVED WILDLIFE TRADE OPERATIONS
I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Western Australian Department of Fisheries, public comments on the proposal as required under section 303FR and advice on the ecological sustainability of the operations. I am satisfied on those matters specified in section 303FN of the EPBC Act. I hereby declare the operations for the harvesting of specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the EPBC Act, taken in the Western Australian West Coast Demersal Gillnet and Demersal Longline [Interim] Managed Fishery, and the Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery, as defined in the management regime for the fisheries made under the Western Australian Fish Resources Management Act 1994, to be approved wildlife trade operations, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d), for the purposes of the EPBC Act.
Unless amended or revoked, this declaration:
a) is valid until 24 August 2018 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 26th day of August 2015
………….…….………Paul Murphy…………………………
Delegate of the Minister for the Environment
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment for the reasons for the decision.
An application for independent review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee (currently $861 or reduced fee where applicable due to financial hardship) by the applicant, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT’s website at http://www.aat.gov.au/ for further information.
You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. For further information, please visit http://www.environment.gov.au/foi/index.html.
Further enquiries should be directed to the Director, Sustainable Fisheries Section, Department of the Environment, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.
SCHEDULE
Declaration of the Harvest Operations of the Western Australian
West Coast Demersal Gillnet and Demersal Longline [Interim] Managed Fishery and the Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery as approved wildlife trade operations, August 2015
ADDITIONAL PROVISIONS (section 303FT)
Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the Western AustralianWest Coast Demersal Gillnet and Demersal Longline [Interim] Managed Fishery and the Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery:
- Operation of these fisheries will be carried out in accordance with the management regime under the WA Fish Resources Management Act 1994 and the WA Fish Resources Management Regulations 1995.
- The WA Department of Fisheries to inform the Department of the Environment of any intended material changes to these fisheries’ management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
- The WA Department of Fisheries, in its annual Status reports of the fisheries and aquatic resources of Western Australia, to report on these fisheries against performance measures that relate to their sustainability.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive legal framework to protect the environment, particularly endangered species and ecosystems, from significant impacts caused by human activities. The Act empowers the Australian Government to regulate activities that may harm the environment, including wildlife trade operations. The EPBC Act was introduced by the Parliament of Australia to ensure that environmental considerations are integrated into decision-making processes at both the federal and state levels. The policy objective of the Act is to promote the conservation and sustainable use of biodiversity, ecosystems, and heritage, while balancing economic and social factors. This declaration, made by the Delegate of the Minister for the Environment, signifies the approval of specific wildlife trade operations under the EPBC Act, subject to certain conditions designed to ensure ecological sustainability.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the harvesting of fish or invertebrate specimens derived from fish, excluding those species listed under Part 13 of the EPBC Act, taken in the Western Australian West Coast Demersal Gillnet and Demersal Longline [Interim] Managed Fishery, and the Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery. This declaration made under the authority of the EPBC Act identifies these specific fisheries as approved wildlife trade operations, subject to the conditions specified in the Schedule. The application of the EPBC Act to these fisheries is geographically limited to Western Australia, as defined by the management regime under the Western Australian Fish Resources Management Act 1994. The declaration outlines that the operations must comply with the existing management regime and requires the Western Australian Department of Fisheries to report on the fisheries' sustainability performance in their annual Status reports of the fisheries and aquatic resources of Western Australia. This declaration is effective until 24 August 2018 and may be subject to review or amendment through subordinate instruments or further declarations by the relevant authorities.
Key Provisions
The key provisions of this legislation revolve around the approval of wildlife trade operations under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) concerning certain fisheries in Western Australia. Specifically, section 303FN outlines the process for approving such operations, and this declaration pertains to the harvesting of specimens that are, or are derived from, fish or invertebrates, excluding species listed under Part 13 of the EPBC Act. The operations in question are the Western Australian West Coast Demersal Gillnet and Demersal Longline [Interim] Managed Fishery, and the Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery, as governed by the Western Australian Fish Resources Management Act 1994.
These fisheries must adhere to the management regime established under the Western Australian Fish Resources Management Act 1994 and its accompanying regulations. The Western Australian Department of Fisheries is required to notify the Department of the Environment of any significant changes to the management arrangements that could impact the assessment criteria for decisions under the EPBC Act. Additionally, the Department must include reports on these fisheries in its annual Status reports of the fisheries and aquatic resources of Western Australia, focusing on performance measures related to sustainability.
The obligations imposed on the parties involved include strict adherence to the management regime as outlined by the Western Australian Fish Resources Management Act 1994. The Western Australian Department of Fisheries must ensure that any material changes to the fisheries’ management are communicated to the Department of the Environment. Furthermore, the Department must provide detailed annual reports on the fisheries, highlighting their sustainability performance.
For breaches of the obligations and requirements set out in this declaration, the consequences can be severe. Under the EPBC Act, there are both civil and criminal penalties for non-compliance. The specific penalties can vary depending on the nature and severity of the breach but may include substantial fines and potential imprisonment. The maximum penalties are not explicitly stated in this document, but they are generally outlined in the relevant sections of the EPBC Act. It is crucial for the parties involved to comply with the conditions and requirements to avoid these penalties and ensure the ecological sustainability of the fisheries.