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 was introduced to address the need for a cohesive framework to manage and conserve Australia's biodiversity and environmental heritage, ensuring that development and resource use do not significantly harm the environment. The Act empowers the Commonwealth to accredit state and territory plans, regimes, or policies that align with its environmental objectives. In the case of the Commonwealth Southern Bluefin Tuna Fishery, the policy objective is to ensure that fishing activities do not adversely affect the survival or recovery of listed threatened species, migratory species, cetaceans, or marine species, thereby maintaining the ecological balance and conservation status of these species. The instrument, F2022N00267, revokes the accreditation of the management regime for the fishery and re-accredits it, under specific sections of the EPBC Act, to ensure compliance with these environmental standards. This revocation and re-accreditation process is overseen by the delegate of the Minister for the Environment and Water, ensuring that the fishery's operations are consistent with national environmental protection measures.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the management and conservation of Australia's biodiversity and environmental heritage. The specific notifiable instrument in question addresses the accreditation of a management regime for the Commonwealth Southern Bluefin Tuna Fishery, providing a framework for how this particular fishery should be managed in accordance with the EPBC Act. The instrument applies to the management regime governing the Commonwealth Southern Bluefin Tuna Fishery, which operates under the Fisheries Management Act 1991 and its associated regulations and management plan. This regime affects all persons engaged in fishing activities within the fishery, requiring them to adhere to stringent measures to prevent harm to listed threatened species, migratory species, cetaceans, and other specified marine species. The geographic scope of this legislation is national, as it pertains to a Commonwealth-managed fishery, impacting the entire country. The application of the instrument is contingent on the management regime's effectiveness in safeguarding the specified species, with the potential for revocation if it fails to meet the outlined conservation criteria. The instrument can also be extended or restricted through subordinate instruments, thereby allowing for flexibility in its application based on ongoing assessments and environmental needs.

Key Provisions

The primary operative sections of the legislation (sections 208A, 222A, 245 and 265 of the Environment Protection and Biodiversity Conservation Act 1999) detail the specific requirements and permissions for accrediting a management regime for the Commonwealth Southern Bluefin Tuna Fishery. Section 208A refers to Division 1 of Part 13, section 222A to Division 2, section 245 to Division 3, and section 265 to Division 4 of the EPBC Act. The instrument revokes the existing accreditation of the management regime for the fishery, dated 23 July 2013, and then proceeds to accredit the management regime under the specified sections, contingent upon certain conditions being met. These conditions include the requirement for persons engaged in fishing under the management regime to take all reasonable steps to ensure that listed threatened species, listed migratory species, cetaceans, and listed marine species are not killed or injured as a result of the fishing activities. Additionally, the fishery must not adversely affect the survival or recovery in nature of any listed threatened species, or the conservation status of any listed migratory species, cetaceans, or listed marine species. The obligations and requirements imposed by the Act on the parties or entities it governs include ensuring that all reasonable steps are taken to protect listed threatened species, listed migratory species, cetaceans, and listed marine species from being killed or injured during fishing activities. This involves implementing measures and practices that are in line with the management regime set out under the Fisheries Management Act 1991, the Fisheries Management Regulations 2019, and the Southern Bluefin Tuna Fishery Management Plan 1995. Furthermore, the Act requires that the fishery must not negatively impact the survival or recovery of listed threatened species, or the conservation status of listed migratory species, cetaceans, or listed marine species. The legislation also outlines specific offences, penalties, or consequences for breach, although these are not explicitly detailed in the provided text. Generally, under the EPBC Act, breaches of accredited management regimes or failure to comply with the requirements set forth in the Act can lead to civil or criminal penalties. Civil penalties can include fines up to a significant amount determined by the courts, while criminal penalties can include fines and imprisonment, depending on the severity of the breach. The exact penalties are not specified in this revocation instrument but would be outlined in the broader provisions of the EPBC Act and related regulations.