Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, was introduced to address the problem of protecting Australia's biodiversity and managing environmental impacts, particularly those related to Commonwealth activities, projects, and actions. The Act provides a framework for the protection and management of matters of national environmental significance, including species and ecosystems that are threatened or likely to be adversely affected by human activities. In August 2022, the accreditation of the management regime for the Commonwealth Eastern Tuna and Billfish Fishery was revoked, recognising the need to reassess its compliance with biodiversity protection standards. Subsequently, the regime was re-accredited under specific conditions aimed at improving the mitigation of interactions with protected species and determining the impact of fishing on marine turtles, reflecting the policy objective to balance sustainable fishing practices with the conservation of threatened and migratory species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the accreditation of plans, regimes, or policies to ensure compliance with environmental protection and biodiversity conservation objectives, particularly in relation to actions that may affect matters of national environmental significance. In this instance, the Act applies to the management regime for the Commonwealth Eastern Tuna and Billfish Fishery, which is regulated under the Fisheries Management Act 1991 and the Fisheries Regulations 2019. This regime, dated 26 August 2014, requires persons engaged in the fishery to take all reasonable steps to avoid harming listed threatened species, listed migratory species, cetaceans, and listed marine species. The accreditation of this management regime under sections 208A, 222A, 245, and 265 of the EPBC Act is conditional upon the management regime effectively mitigating any potential adverse impacts on the survival of threatened species or the conservation status of protected species. The accreditation is subject to specific conditions, including ongoing efforts to improve the mitigation of interactions with protected species and to determine the extent of the fishery's impact on marine turtle species.

Key Provisions

The notifiable instrument revokes the accreditation of the management regime for the Commonwealth Eastern Tuna and Billfish Fishery dated 26 August 2014, under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 208A, 222A, 245 and 265). However, the instrument also accredits the management regime for the Commonwealth Eastern Tuna and Billfish Fishery, subject to specific conditions. The accredited management regime is to be implemented under the Fisheries Management Act 1991 (Cth), Fisheries Regulations 2019 (Cth) and the Eastern Tuna and Billfish Fishery Management Plan 2010. The obligations imposed by the Act include the requirement for persons engaged in fishing under the management regime to 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. The management regime must also ensure that the fishery does not, or is not likely to, adversely affect the survival or recovery in nature of any listed threatened species or the conservation status of a listed migratory species, cetacean, or listed marine species or a population of that species. The Australian Fisheries Management Authority is required to continue to identify, trial, and where appropriate, implement methods to improve the Commonwealth Eastern Tuna and Billfish Fishery’s mitigation of interactions with protected species, including identifying and adopting opportunities from relevant research projects and broader international initiatives (Part 13 Condition A). The Australian Fisheries Management Authority must also continue efforts to determine the extent of the impact of fishing in the Commonwealth Eastern Tuna and Billfish Fishery on marine turtle species (Part 13 Condition B). Failure to comply with the requirements and conditions of the Act may result in civil and/or criminal penalties, including fines and imprisonment. The maximum penalties for offences under the EPBC Act are set out in section 632 of the Act and may include fines of up to $66,600 for individuals and $333,000 for corporations, as well as imprisonment for up to five years. It is important for all parties governed by the Act to ensure compliance with its provisions to avoid any potential legal consequences.