Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive legal framework to protect Australia's environment, particularly in relation to activities that may impact on matters of national environmental significance. The Act provides for the accreditation of state and territory plans, regimes, and policies to ensure they align with national environmental standards and objectives, aiming to prevent significant environmental harm. This notifiable instrument concerns the revocation and subsequent re-accreditation of the management regime for the Western Australian Marine Aquarium Fish Managed Fishery, reflecting the Commonwealth's role in overseeing and ensuring that state-managed fisheries do not adversely affect listed threatened or migratory species, cetaceans, or other marine species. The policy objective here is to maintain the balance between sustainable fishing practices and the preservation of biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the management regime for the Western Australian Marine Aquarium Fish Managed Fishery. This Act governs the accreditation of plans, regimes, and policies to ensure they do not harm biodiversity. Specifically, the Act applies to persons engaged in fishing activities under the management regime and to the regime itself as implemented under the Fish Resources Management Act 1994 (WA), Fish Resources Management Regulations 1995 (WA), and Marine Aquarium Fish Managed Fishery Management Plan 2018. The geographical scope of the Act's application is limited to the Commonwealth level, regulating activities that have, or are likely to have, a significant impact on matters of national environmental significance. The revocation and subsequent re-accreditation of the Western Australian Marine Aquarium Fish Managed Fishery regime are subject to conditions that must be met to protect listed threatened species, listed migratory species, cetaceans, and listed marine species, ensuring the fishery does not adversely affect their conservation status. The Act also allows for the extension or restriction of application through subordinate instruments.

Key Provisions

The main operative sections of this instrument (sections 208A, 222A, 245 and 265 of the EPBC Act) permit the accreditation of the management regime for the Western Australian Marine Aquarium Fish Managed Fishery, which was previously revoked, subject to certain conditions. Section 208A accredits the management regime for the purposes of Division 1 of Part 13 of the EPBC Act, section 222A accredits it for the purposes of Division 2, section 245 accredits it for the purposes of Division 3, and section 265 accredits it for the purposes of Division 4. These accreditations allow the management regime to be recognised as meeting certain environmental standards and obligations under the EPBC Act. The obligations imposed by this instrument primarily concern the Western Australian Department of Primary Industries and Regional Development. Under section 303AA of the EPBC Act, they are required to undertake and deliver a fishery independent survey of the commercially fished area of Hippocampus subelongatus by 1 December 2024. This survey must produce biomass data, identify key harvest locations, and identify any risks of localised depletion. Furthermore, by 1 July 2025, they must identify and publish any required changes to the management arrangements for Hippocampus subelongatus, including harvest limits, based on the data collected from the survey. Failure to comply with the conditions set out in this instrument may result in civil or criminal consequences. Under section 474 of the EPBC Act, a person who contravenes an accreditation condition can be fined up to the greater of $21,000, three times the benefit obtained from the contravention, or, in the case of a body corporate, 10% of the annual turnover of the body corporate. Additionally, under section 487 of the EPBC Act, a person who engages in conduct that constitutes a criminal offence can be fined up to the greater of $1,100,000, three times the benefit obtained from the conduct, or, in the case of a body corporate, 10% of the annual turnover of the body corporate, and may also be subject to imprisonment for up to five years. These penalties highlight the importance of adhering to the conditions set out in the instrument.