Environment Protection and Biodiversity Conservation (Accreditation of Management Regime) Revocation Instrument 2024

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2024N00963 Not in force Notifiable Instrument

Legislation content

 

 

Environment Protection and Biodiversity Conservation (Accreditation of Management Regime) Revocation Instrument 2024

I, Belinda Jago, as delegate of the Minister for the Environment and Water, make the following instrument.

Dated 15 October 2024   

 

SIGNED – Belinda Jago

 

Belinda Jago

Branch Head

Ocean and Wildlife Branch

International Environment, Reef and Ocean Division

Department of Climate Change, Energy, the Environment and Water

 

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Schedule 1

Schedule 1—Repeals

Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish), November 2019, Accreditation Revocation Instrument 2019

Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Accreditation of a Plan, Regime or Policy for the purposes of Part 13 of the EPBC Act. Commonwealth Southern and Eastern Scalefish and Shark Fishery, February 2022

Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Commonwealth Eastern Tuna and Billfish Fishery, August 2022

Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Western Australian Marine Aquarium Fish Managed Fishery, October 2022

Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Commonwealth Southern Bluefin Tuna Fishery, November 2022

Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Northern Territory Aquarium Fishery, December 2022

Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13 Accreditation of a Plan, Regime or Policy for the purposes of Part 13 of the EPBC Act South Australian Sardine Fishery, February 2024

Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13 Accreditation of a Plan, Regime or Policy for the purposes of Part 13 of the EPBC Act. Commonwealth Western Tuna and Billfish Fishery, June 2024

 

 

1  Name

  This instrument is the Environment Protection and Biodiversity Conservation (Accreditation of Management Regime) Revocation Instrument 2024.

2  Commencement

  This instrument commences 24 October 2024.

3  Authority

  This instrument is made under sections 208A, 222A, 245 and 265 of the Act.

4  Definitions

  In this instrument:

Act means the Environment Protection and Biodiversity Conservation Act 1999.

5  Schedule 1

  Each instrument that is specified in Schedule 1 to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.


Schedule 1—Repeals

Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish), November 2019, Accreditation Revocation Instrument 2019

1  The whole of the instrument

Repeal the instrument

Note: The instrument’s FRL identifier is F2019N00094.

Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Accreditation of a Plan, Regime or Policy for the purposes of Part 13 of the EPBC Act. Commonwealth Southern and Eastern Scalefish and Shark Fishery, February 2022

2  The whole of the instrument

Repeal the instrument

Note: The instrument’s FRL identifier is F2022N00019.

Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Commonwealth Eastern Tuna and Billfish Fishery, August 2022

3  The whole of the instrument

Repeal the instrument

Note: The instrument’s FRL identifier is F2022N00188.

Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Western Australian Marine Aquarium Fish Managed Fishery, October 2022

4  The whole of the instrument

Repeal the instrument

Note: The instrument’s FRL identifier is F2022N00239.

Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Commonwealth Southern Bluefin Tuna Fishery, November 2022

5 The whole of the instrument

Repeal the instrument

Note: The instrument’s FRL identifier is F2022N00267.

Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Accreditation of a Plan, Regime or Policy for the purposes of Part 13. Northern Territory Aquarium Fishery, December 2022

6 The whole of the instrument

Repeal the instrument

Note: The instrument’s FRL identifier is F2022N00290.

Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13 Accreditation of a Plan, Regime or Policy for the purposes of Part 13 of the EPBC Act South Australian Sardine Fishery, February 2024

7  The whole of the instrument

Repeal the instrument

Note: The instrument’s FRL identifier is F2024N00715.

 

Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13 Accreditation of a Plan, Regime or Policy for the purposes of Part 13 of the EPBC Act. Commonwealth Western Tuna and Billfish Fishery, June 2024

8  The whole of the instrument

Repeal the instrument

Note: The instrument’s FRL identifier is F2024N00716.

 

 

 

 

Overview

The Environment Protection and Biodiversity Conservation (Accreditation of Management Regime) Revocation Instrument 2024 was enacted to revoke the accreditation of various management regimes under the Environment Protection and Biodiversity Conservation Act 1999. This instrument was introduced to address the need for the Australian government to reassess and potentially withdraw its accreditation of certain fishery management plans that were previously deemed insufficient in protecting the environment or endangered species. The instrument was made under the authority of sections 208A, 222A, 245, and 265 of the EPBC Act, and it was initiated by Belinda Jago, as the delegate of the Minister for the Environment and Water. The policy objective behind this revocation is to ensure that management plans align with the current environmental protection standards and to maintain the integrity of Australia's biodiversity conservation efforts.

Scope and Application

The Environment Protection and Biodiversity Conservation (Accreditation of Management Regime) Revocation Instrument 2024 applies to the revocation of specific management plans, regimes, or policies accredited under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) for various fisheries. These fisheries include the Commonwealth Southern and Eastern Scalefish and Shark Fishery, the Commonwealth Eastern Tuna and Billfish Fishery, the Western Australian Marine Aquarium Fish Managed Fishery, the Commonwealth Southern Bluefin Tuna Fishery, the Northern Territory Aquarium Fishery, the South Australian Sardine Fishery, and the Commonwealth Western Tuna and Billfish Fishery. This instrument effectively nullifies the accreditation of these management regimes, which were previously endorsed for their compliance with the EPBC Act. The instrument applies nationally, across all states and territories within Australia, thereby ensuring a uniform approach to the revocation of these specific management plans. The revocations listed in the Schedule are comprehensive and pertain to the entire instruments specified, with no exemptions or thresholds mentioned within the instrument itself. The authority for this revocation stems from specific sections of the EPBC Act, namely sections 208A, 222A, 245, and 265.

Key Provisions

The Environment Protection and Biodiversity Conservation (Accreditation of Management Regime) Revocation Instrument 2024 (F2024N00963) outlines the revocation of accreditation for various fishery management plans and policies under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The instrument (Schedule 1) specifies that certain instruments related to different fisheries, such as the Line Fishery (Gulf of Carpentaria—Spanish Mackerel and Other Fin Fish) Accreditation Revocation Instrument 2019 and others, are repealed. These instruments include the Commonwealth Southern and Eastern Scalefish and Shark Fishery, Commonwealth Eastern Tuna and Billfish Fishery, Western Australian Marine Aquarium Fish Managed Fishery, Commonwealth Southern Bluefin Tuna Fishery, Northern Territory Aquarium Fishery, South Australian Sardine Fishery, and Commonwealth Western Tuna and Billfish Fishery. The Act imposes obligations on the parties involved, primarily the requirement to cease operations in accordance with the repealed management plans and policies. Parties must ensure that their activities are compliant with the current legal framework for environmental protection and biodiversity conservation. This includes adherence to any new regulations or management plans that may replace the revoked accreditations. Non-compliance with these obligations may lead to significant legal repercussions, including fines and imprisonment. Breaches of the EPBC Act can result in severe consequences, including substantial fines and imprisonment. For example, under section 489 of the EPBC Act, an individual can face a fine of up to $66,000 or imprisonment for up to one year, or both, for contravening the Act. For corporations, the penalties are significantly higher, with fines reaching up to $330,000 and imprisonment for up to five years. These penalties underscore the importance of adhering to the requirements set out in the Act and the revocation instrument.

Legal classification tags

Area of Law
Environmental Law
Instrument
Notifiable instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.