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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act aims to manage the environmental impact of activities, including fisheries, by requiring accreditation of management regimes that ensure the protection of threatened species, migratory species, cetaceans, and listed marine species. The Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish), November 2019, Accreditation Revocation Instrument 2019 was introduced to address the need to revoke and then re-accredit the management regime for the Queensland Gulf of Carpentaria Line Fishery. This was done by Nathan Sibley, a delegate of the Minister for the Environment, under the authority granted by the Acts Interpretation Act 1901 and the Environment Protection and Biodiversity Conservation Act 1999. The policy objective of this instrument was to ensure that the management regime for the fishery includes measures to prevent the harm of listed threatened species, listed migratory species, cetaceans, and listed marine species, and does not adversely affect their conservation status.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the accreditation of the management regime for the Line fishery in the Gulf of Carpentaria, specifically targeting Spanish mackerel and other fin fish. This Act operates under the authority of the Commonwealth of Australia, with its jurisdiction extending to the regulation of activities that may impact on matters of national environmental significance, including listed threatened species, migratory species, cetaceans, and listed marine species. The instrument in question, the Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish), November 2019 Accreditation Revocation Instrument 2019, revokes the previous accreditation of the Queensland Gulf of Carpentaria Line Fishery management regime dated 29 November 2016. It subsequently accredits the current management regime, subject to the condition that it ensures no adverse impacts on the specified species and maintains compliance with the EPBC Act. This legislation is intended to safeguard environmental interests while allowing for sustainable fishing practices within the specified geographic area.

Key Provisions

The primary sections of the Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish), November 2019, Accreditation Revocation Instrument 2019 (the Instrument) are Section 1, which names the instrument; Section 2, which provides for its commencement; Section 3, which specifies the authority under which the instrument is made; and the Schedule, which outlines the revocation of specific instruments (subsection 33(3) of the Acts Interpretation Act 1901). The Instrument revokes the accreditation of the management regime for the Queensland Gulf of Carpentaria Line Fishery dated 29 November 2016. The Instrument imposes obligations on parties governed by it, primarily through the requirement that persons engaged in fishing under the management regime must take all reasonable steps to ensure that members of listed threatened species, listed migratory species, cetaceans, and listed marine species are not killed or injured as a result of the fishing activities. Additionally, it mandates that the fishery must not adversely affect the survival or recovery in nature of any listed threatened species or the conservation status of listed migratory species, cetaceans, or listed marine species. The Instrument also includes provisions for the re-accreditation of the management regime under sections 208A, 222A, 245, and 265 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) for the purposes of Divisions 1, 2, 3, and 4 respectively of Part 13 of the EPBC Act, provided the criteria are met. There are no specific offences, penalties, or civil/criminal consequences mentioned in the Instrument itself. However, any breach of the obligations and requirements imposed by the management regime, such as failing to take reasonable steps to protect listed species or adversely affecting their conservation status, could result in penalties under the Queensland Fisheries Act 1994 and associated regulations. These penalties may include fines and other sanctions as prescribed by the relevant Queensland legislation.