Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13 Accreditation of a Plan, Regime or Policy for the purposes of Part 13 of the EPBC Act South Australian Sardine Fishery, February 2024

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2024N00715 Not in force Notifiable Instrument

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COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999

Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13
Accreditation of a Plan, Regime or Policy for the purposes of Part 13 of the EPBC Act
South Australian Sardine Fishery, February 2024

I, BELINDA JAGO, Branch Head, Ocean and Wildlife as Delegate of the Minister for the Environment and Water:

a)      revoke the accreditation of the management regime for the South Australian Sardine Fishery dated 28 June 2022, and

b)      being satisfied that:

i) the South Australian Sardine Fishery, in accordance with the management arrangements specified in the Management Plan for the South Australian Commercial Marine Scalefish Fishery 2014, in force under the:

         Fisheries Management Act 2007 (SA)

         Fisheries Management (Sardine Fishery) Regulations 2021 (SA)

         Fisheries Management (General) Regulations 2017,

requires 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, and

ii) the fishery to which the management regime relates does not, or is not likely to, adversely affect:

a)    the survival or recovery in nature of any listed threatened species, or

b)    the conservation status of a listed migratory species, cetacean, or listed marine species or a population of that species,

accredit the management regime for the South Australian Sardine Fishery, in accordance with the management arrangements specified in the Management Plan for the South Australian

Commercial Marine Scalefish Fishery 2014, in force under the

         Fisheries Management Act 2007 (SA)

         Fisheries Management (Sardine Fishery) Regulations 2021 (SA)

         Fisheries Management (General) Regulations 2017,

under sections 208A, 222A, 245 and 265 of the Environment Protection and Biodiversity

Conservation Act 1999 (EPBC Act) for the purposes of Divisions 1, 2, 3 and 4 respectively of Part 13 of the EPBC Act.

This accreditation is subject to the following conditions applied under section 303AA:

Condition A:

The operation of the fishery must be carried out in accordance with the management arrangements specified in the Fisheries Management Act 2007 (SA); the Fisheries Management (Sardine Fishery) Regulations 2021 (SA); the Fisheries Management (General) Regulations 2017; and the Management Plan for the South Australian Commercial Marine Scalefish Fishery 2014.

Condition B:

The Department of Primary Industries and Regions of South Australia must inform the Department of Agriculture, Water and the Environment of any intended material changes to the South Australian Sardine Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition C:

The Department of Primary Industries and Regions of South Australia must inform the Department of Agriculture, Water and the Environment of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.

Condition D:

The Department of Primary Industries and Regions of South Australia must produce and present reports to the Department of Agriculture, Water and the Environment annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition

Condition E:

The Department of Primary Industries and Regions of South Australia must ensure the most effective measures to mitigate or eliminate interactions with protected species are adopted in the South Australian Sardine Fishery.

This should include working with fishing operators and other relevant parties to consider and, where appropriate, trial any suitable technologies or practices identified in the global literature review of mitigation measures in small pelagic fisheries project (FRDC Project 2020-049).

Condition F:

The Department of Primary Industries and Regions of South Australia must consider and respond to the outcomes of the “Assessment of the sustainability of common dolphin interactions with the South Australian Sardine Fishery” report (FRDC Project 2019-063), within 6 months of the final report becoming publicly available.

This should include an assessment of any required changes or improvements to existing fishery management arrangements and protected species mitigation/monitoring methods.

Condition G:

By 13 December 2024, the Department of Primary Industries and Regions of South Australia must implement suitable measures to ensure accurate information on protected species mortality levels is collected in the fishery and that underreporting is not occurring.

In satisfying this condition, the Department of Primary Industries and Regions of South Australia must:

a) by 16 December 2022, publish a plan detailing how it will respond to this issue, including any systems, controls, or management arrangements that will be implemented and associated timeframes. The plan will need to be made publicly available and a copy provided to the Department of Agriculture, Water and the Environment.

b) by 13 December 2024, provide evidence that suitable systems have been implemented to ensure accurate information on protected species mortality levels is collected in the fishery and that underreporting is not occurring.

Dated this 4th day of March 2024

BELINDA JAGO

.............................

Delegate of the Minister for the Environment and Water

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework to protect and manage Australia's environment, particularly in relation to biodiversity and heritage. This legislation was introduced to ensure that the Commonwealth government could effectively manage activities that might have a significant environmental impact, aligning with international obligations under various conventions and agreements. The policy objective of the Act is to safeguard Australia's biodiversity and heritage through the prudent use of its natural resources, by providing a robust mechanism for the assessment and approval of activities that may impact the environment. The revocation of the accreditation of the management regime for the South Australian Sardine Fishery by Belinda Jago, as Delegate of the Minister for the Environment and Water, highlights the commitment to ensuring that fisheries management practices align with environmental protection standards. This revocation, along with the re-accreditation under specific conditions, underscores the Act's role in balancing economic activities with environmental conservation, ensuring that fisheries operations do not adversely affect listed threatened species, migratory species, cetaceans, or marine species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the accreditation of plans, regimes, or policies that aim to prevent actions that may adversely affect matters of national environmental significance. The revocation of the accreditation of the management regime for the South Australian Sardine Fishery pertains to ensuring that fishing activities do not negatively impact listed threatened species, listed migratory species, cetaceans, or listed marine species. The revocation impacts entities engaged in the South Australian Sardine Fishery, specifically those operating under the management arrangements outlined in the Management Plan for the South Australian Commercial Marine Scalefish Fishery 2014, which operates under the Fisheries Management Act 2007 (SA), Fisheries Management (Sardine Fishery) Regulations 2021 (SA), and Fisheries Management (General) Regulations 2017. This legislative action is within the Commonwealth's jurisdiction but directly influences state-managed fisheries, reflecting a coordinated approach to environmental protection across jurisdictional boundaries. The revocation includes specific conditions, such as adherence to the specified management arrangements and mandatory reporting and mitigation requirements, aimed at ensuring sustainable fishing practices that protect endangered species.

Key Provisions

The primary operative sections of the document relate to the revocation and accreditation of the management regime for the South Australian Sardine Fishery (sections 208A, 222A, 245 and 265 of the EPBC Act). The document revokes the accreditation of the management regime for the South Australian Sardine Fishery dated 28 June 2022, and then, being satisfied that certain conditions are met, accredits the management regime again. This accreditation is subject to specific conditions, including the requirement that the operation of the fishery must adhere to the specified management arrangements (Condition A), and that the Department of Primary Industries and Regions of South Australia must inform the Department of Agriculture, Water and the Environment of any intended material changes to the management arrangements (Condition B), and any intended changes to fisheries legislation (Condition C). The Department must also produce annual reports (Condition D), adopt effective measures to mitigate or eliminate interactions with protected species (Condition E), consider and respond to the outcomes of a specified report (Condition F), and implement measures to ensure accurate information on protected species mortality levels is collected (Condition G). The obligations imposed by the Act on the parties or entities it governs include ensuring that persons engaged in fishing under the management regime 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 Department of Primary Industries and Regions of South Australia must also inform the Department of Agriculture, Water and the Environment of any intended material changes to the South Australian Sardine Fishery management arrangements and any intended changes to fisheries legislation. Additionally, the Department must produce and present reports annually, adopt the most effective measures to mitigate or eliminate interactions with protected species, consider and respond to the outcomes of a specified report within six months of its release, and implement measures to ensure accurate information on protected species mortality levels is collected by a specified date. The document does not explicitly state any offences, penalties, or civil/criminal consequences for breach of the conditions. However, non-compliance with the conditions could potentially lead to legal action or other consequences under the Environment Protection and Biodiversity Conservation Act 1999 or other relevant legislation. It is important for the Department of Primary Industries and Regions of South Australia to adhere to the conditions to avoid any potential repercussions.

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Environmental Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.