Environment Protection and Biodiversity Conservation Act 1999

The Minister may, by legislative instrument, make a declaration (an interim declaration) that a specified commercial fishing activity is a declared commercial fishing activity.

For variation of an interim declaration, see subsection 33(3) of the Acts Interpretation Act 1901.

For revocation of an interim declaration, see section 390SG.

When making an interim declaration, the Minister may identify a commercial fishing activity by reference to all or any of the following:

a method of fishing;

a type of vessel used for fishing;

a method of processing, carrying or transhipping of fish that have been taken;

an area of waters or of seabed.

Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.

When making an interim declaration, the Minister may only specify a commercial fishing activity that had not been engaged in before 11 September 2012 in a Commonwealth marine area.

The Minister must not make an interim declaration unless the Minister and the Fisheries Minister agree that:

there is uncertainty about the environmental impacts of the commercial fishing activity; and

it is appropriate that the commercial fishing activity be prohibited in a Commonwealth marine area while consultation occurs under section 390SE about whether to make a final declaration in relation to the commercial fishing activity under section 390SF.

An interim declaration:

comes into force at the end of the day on which it is registered in the Federal Register of Legislation; and

remains in force until the earlier of the following times:

the end of the period specified in the declaration as the period for which the declaration is in force;

if the declaration is revoked—when the revocation comes into force.

The Minister must specify in an interim declaration the period for which it is to be in force. The period must not be longer than 60 days.