Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a cohesive national approach to the protection of the environment, particularly in relation to matters of national environmental significance. The Act aims to provide for the protection of the environment, heritage places, and wildlife, and to manage the impacts of proposed actions that are likely to have a significant effect on the environment. This legislation was introduced by the Parliament of Australia, with the objective of integrating environmental considerations into decision-making processes at both federal and state levels. The revocation of accreditation of a management regime for the Commonwealth Southern and Eastern Scalefish and Shark Fishery, announced in February 2022, aims to ensure that fishing activities do not adversely affect the survival or recovery of listed threatened species, migratory species, cetaceans, and marine species. The accreditation is subject to specific conditions designed to protect these species, reflecting a commitment to balancing environmental protection with sustainable fishing practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities and entities across Australia, including Commonwealth, state, and territory jurisdictions, and extends to matters of national environmental significance. The Act provides for the protection of the environment, biodiversity, and heritage places by regulating actions that have, will have, or might have a significant impact on matters of environmental significance. In relation to the revocation and re-accreditation of the management regime for the Commonwealth Southern and Eastern Scalefish and Shark Fishery, the Act applies specifically to the activities and entities involved in this fishery, which operate under the Fisheries Management Act 1991, the Fisheries Regulations 2019, and the Southern and Eastern Scalefish and Shark Management Plan 2003. The management regime's accreditation under the EPBC Act is subject to conditions that require ongoing monitoring, data collection, and the implementation of strategies to mitigate impacts on Australian Sea Lions, dolphins, seals, and seabirds, reflecting the Act's intent to balance conservation with sustainable use. The geographic reach of the Act encompasses the entire Australian jurisdiction, and the application of its provisions can be extended or restricted through subordinate instruments, such as regulations and guidelines, which provide further detail on the implementation and enforcement of the Act.

Key Provisions

The primary operative sections of this legislation involve the revocation and subsequent accreditation of the management regime for the Commonwealth Southern and Eastern Scalefish and Shark Fishery under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 208A, 222A, 245, and 265). The revocation of the accreditation of the management regime dated 12 February 2019 (section 303AA) is followed by a new accreditation of the same regime, subject to specific conditions (sections 303AA). These conditions include measures aimed at protecting Australian Sea Lions, dolphins, seals, and seabirds, requiring the Australian Fisheries Management Authority to maintain and review certain management strategies and plans, collect and report data on interactions with these species, and develop mitigation strategies by specified deadlines. The Act imposes several obligations on the Australian Fisheries Management Authority. Firstly, it must ensure that the management regime requires all persons engaged in fishing under the regime to take all reasonable steps to prevent the killing or injury of members of listed threatened species, listed migratory species, cetaceans, and listed marine species. Secondly, the regime must be maintained in such a way that it does not adversely affect the survival or recovery of any listed threatened species or the conservation status of listed migratory species, cetaceans, or listed marine species. Additionally, the Australian Fisheries Management Authority is mandated to maintain and review specific management strategies and plans, collect and report data on interactions with protected species, and develop and implement management measures to minimise mortality of protected species in various sectors of the fishery. Failure to comply with the obligations and conditions set out in the Act may result in civil or criminal penalties. However, the specific penalties for breaches are not detailed within the text of the notifiable instrument itself. Typically, breaches of the EPBC Act can lead to substantial fines for both individuals and corporations, with penalties varying based on the severity and frequency of the offence. In more severe cases, criminal charges may be pursued, leading to imprisonment. The exact penalties would be determined in accordance with the provisions of the EPBC Act and relevant case law.