Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The Act was introduced to address the need for a comprehensive legal framework to protect and manage Australia's biodiversity and environment. The Parliament of Australia enacted this Act to establish a robust system for environmental protection and biodiversity conservation, ensuring sustainable use of natural resources. The policy objective of the Act is to prevent significant harm to the environment, particularly to matters of national environmental significance such as listed threatened species and ecological communities, and to promote ecologically sustainable development. This notifiable instrument pertains to the revocation of a declaration of an approved wildlife trade operation for the South Australian Marine Scalefish Fishery, reflecting ongoing assessments of the ecological sustainability of the operation. The revocation and subsequent declaration are made under the authority of the Minister for the Environment, ensuring that the operation adheres to the conditions specified in the EPBC Act and related regulations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the South Australian Marine Scalefish Fishery, governing the trade of fish and invertebrate specimens that are not listed as eligible listed threatened species or taxa listed under Australia's CITES list, except for the smooth hammerhead shark. This Act pertains to the operation of the fishery in accordance with the management regime under the SA Fisheries Management Act 2007 and related regulations, ensuring the ecological sustainability of the fishery. The application of this Act extends to the Commonwealth level, with specific conditions set out in the Schedule, and the operation is subject to review and potential revocation based on ecological assessments and management changes. Excluded from this declaration are specimens belonging to listed threatened species, other than those in the conservation dependent category, and taxa listed under Australia's CITES list, except for the smooth hammerhead shark. The declared operation is valid until 15 March 2019, subject to the conditions specified in the Schedule and the provisions of the EPBC Act.

Key Provisions

The main operative sections of this notifiable instrument (F2018N00196) are contained within the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303FT(10) of the EPBC Act provides the authority to revoke the Declaration of an Approved Wildlife Trade Operation for the South Australian Marine Scalefish Fishery, which was previously approved on 22 July 2016. This revocation is effective as of 18 December 2018. Section 303FN of the EPBC Act outlines the criteria for the ecological sustainability of the operation, while section 303FT details the additional provisions for the approved operation. These provisions include adherence to the management regime under the South Australian Fisheries Management Act 2007 and associated regulations, the requirement for the South Australian Department of Primary Industries and Regions (PIRSA) to report any material changes to the fishery management arrangements, and the obligation for PIRSA to produce annual reports based on the Guidelines for the Ecologically Sustainable Management of Fisheries. The obligations imposed on the parties governed by this Act are comprehensive and require PIRSA to maintain ongoing communication and compliance with the Department of the Environment and Energy. Specifically, PIRSA must inform the Department of any intended material changes to the South Australian Marine Scalefish Fishery management arrangements and ensure these changes do not negatively impact the ecological sustainability assessment. PIRSA is also required to produce and submit annual reports to the Department, as per Appendix B of the Guidelines, and to make the findings of updated scientific assessments publicly available. Additionally, PIRSA must finalise and implement recovery strategies for primary species, such as snapper, King George Whiting, and Garfish, to ensure their stock levels are rebuilt to ecologically viable levels within a specified timeframe. Breaches of the obligations and requirements set out in the Act may result in various consequences. While specific offences and penalties are not explicitly stated within the text, violations of the EPBC Act can generally lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties may encompass imprisonment, depending on the severity and nature of the breach. The maximum penalties for breaches of environmental laws can vary, but they often include significant fines for corporations and individuals, as well as potential imprisonment terms for serious or repeated offences. Additionally, affected parties may seek independent review of the decision through the Administrative Appeals Tribunal (AAT), and there are provisions for making applications under the Freedom of Information Act 1982 to access relevant documents.