Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the significant environmental issues and biodiversity loss arising from various activities impacting the natural environment across Australia. The EPBC Act provides a framework for the protection of the environment, particularly in relation to matters of national environmental significance. In this context, the legislation seeks to ensure that development and other activities do not have a detrimental effect on the environment, including threatened species, migratory species, and their habitats. The Australian Parliament enacted this legislation to fill the gap in comprehensive environmental protection that was not adequately covered by state and territory laws. The policy objective of the Act is to safeguard the environment through a coordinated and integrated approach, ensuring sustainable use and conservation of Australia's unique biodiversity. The Act allows for the accreditation of state and territory management plans, regimes, or policies that align with federal environmental standards, as demonstrated in the revocation and subsequent reaccreditation of the management regime for the Western Australian West Coast Rock Lobster Managed Fishery.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and activities that have the potential to impact the environment, including threatened species, migratory species, cetaceans, and marine species. In this instance, the Act pertains specifically to the management regime for the Western Australian West Coast Rock Lobster Managed Fishery, which is governed by the Western Australian Fish Resources Management Act 1994. The management regime has been accredited under the EPBC Act to ensure that it minimises harm to listed threatened species, listed migratory species, cetaceans, and listed marine species. The accreditation is contingent upon the implementation of measures that avoid the killing or injury of these species as a result of fishing activities and the maintenance of their conservation status. The scope of this accreditation extends to the Commonwealth jurisdiction, with specific conditions imposed on the Western Australian Department of Fisheries to manage and mitigate the impact of fishing on migrating whales. This accreditation is valid until 25 May 2018 and can be subject to further amendments or revocations as per the provisions of the EPBC Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been invoked to address the management regime for the Western Australian West Coast Rock Lobster Managed Fishery, as dated 28 May 2013. According to section 33(3) of the Acts Interpretation Act 1901, the accreditation of this management regime has been revoked (subsection 33(3)), but with a specific condition that it may be accredited again under sections 208A, 222A, 245, and 265 of the EPBC Act, contingent upon certain criteria being met. The management regime, which operates under the Western Australian Fish Resources Management Act 1994, mandates that fishers take reasonable steps to avoid harming listed threatened species, listed migratory species, cetaceans, and listed marine species. Additionally, the regime must ensure that the fishery does not adversely affect the survival or recovery of listed threatened species, or the conservation status of listed migratory species, cetaceans, or listed marine species. The obligations imposed by the Act require the Western Australian Department of Fisheries to implement and maintain specific management measures. These include measures clearly aimed at minimising the impact of fishing activities on migrating whales. The Department is also obligated to monitor and annually review the effectiveness of these measures in preventing whale entanglements. Furthermore, the Department must be prepared to implement additional mitigation measures if whale entanglement rates increase. These obligations are set out under a condition applied to the accreditation of the management regime, as specified in section 303AA of the EPBC Act. Failure to comply with the obligations outlined in the Act can lead to various consequences. While the Act does not specify particular offences, non-compliance with the conditions of accreditation could potentially lead to legal action under the EPBC Act. The specific consequences for non-compliance might include further regulatory action, fines, or even the revocation of the accreditation itself. The maximum penalties for breaches of the EPBC Act can be severe, potentially including substantial fines for corporations and imprisonment for individuals, depending on the severity and nature of the breach. These consequences underscore the importance of adhering to the stipulated management measures and monitoring requirements.