Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly by protecting matters of national environmental significance, and by accrediting plans, regimes, and policies that support biodiversity conservation and sustainable practices. This Act addresses gaps in environmental protection by requiring assessments and accreditations for activities that may impact biodiversity. The revocation of the accreditation for the management regime of the Commonwealth Western Tuna and Billfish Fishery, dated 10 November 2022, highlights a need to reassess the ecological impact of the fishery on listed threatened species, migratory species, cetaceans, and marine species. The policy objective, as outlined in the Act, is to ensure that fisheries management practices do not adversely affect the survival, recovery, or conservation status of these species, thereby maintaining ecological balance and supporting sustainable fishing practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any person, entity, industry, or conduct within Australia that may impact matters of national environmental significance, including listed threatened species, migratory species, cetaceans, and marine species. The Act has a national jurisdictional reach, impacting federal, state, and territory levels, and it allows for the accreditation of management regimes that meet certain environmental standards. The revocation of the accreditation of the management regime for the Commonwealth Western Tuna and Billfish Fishery, dated 10 November 2022, applies to all persons engaged in fishing under this regime, requiring them to take reasonable steps to prevent harm to listed species. This revocation and subsequent conditional accreditation under sections 208A, 222A, 245, and 265 of the EPBC Act, is subject to specific conditions aimed at mitigating ecological risks, such as the requirement for an updated Ecological Risk Assessment by 19 February 2025. The application of this Act extends through subordinate instruments which may impose additional requirements or conditions on accredited regimes.

Key Provisions

The main sections of the F2024N00716 (Notifiable instrument) include the revocation of the accreditation of the management regime for the Commonwealth Western Tuna and Billfish Fishery dated 10 November 2022 (section a) and the subsequent accreditation of the management regime under sections 208A, 222A, 245, and 265 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section b). The revocation and subsequent accreditation are subject to specific conditions, including an updated Ecological Risk Assessment and the implementation of management actions to mitigate risks and impacts on identified high-risk species (section 303AA). These conditions are to be fulfilled by the Australian Fisheries Management Authority by 19 February 2025. The obligations imposed by the Act on the parties involved include ensuring that all reasonable steps are taken to prevent the killing or injury of members of listed threatened species, listed migratory species, cetaceans, and listed marine species as a result of fishing activities under the management regime. This is a critical requirement under the Fisheries Management Act 1991 (Cth), the Fisheries Management Regulations 2019 (Cth), and the Western Tuna and Billfish Fishery Management Plan 2005. Furthermore, the management regime 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 or populations thereof. The Australian Fisheries Management Authority is specifically tasked with conducting an updated Ecological Risk Assessment and implementing management actions to mitigate risks identified in the assessment. Failure to comply with the requirements of the Act can result in significant consequences. Although the document does not explicitly state the penalties, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can lead to both civil and criminal penalties. Civil penalties can include substantial fines, with the maximum penalties varying depending on the specific offence and jurisdiction. Criminal penalties can also apply, resulting in imprisonment for individuals or corporate entities found guilty of serious violations. The precise penalties are determined by the courts based on the severity and nature of the breach.