Environment Protection and Biodiversity Conservation Act 1999

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

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

For revocation of a final declaration, see section 390SG.

The Minister must not make a final declaration unless:

the commercial fishing activity is the same as a commercial fishing activity that is, or was, specified in an interim declaration under section 390SD; and

consultation under section 390SE has occurred in relation to the commercial fishing activity; and

the Minister has considered any written submission that:

was made under section 390SE by a declaration affected person; and

was lodged during the period referred to in paragraph 390SE(2)(b); and

the Minister and the Fisheries Minister agree that there is uncertainty about the environmental impacts of the commercial fishing activity; and

the Minister and the Fisheries Minister agree that it is appropriate that:

an expert panel be established under section 390SH to conduct an assessment of the commercial fishing activity and report on the matter; and

the commercial fishing activity be prohibited in a Commonwealth marine area while the expert panel conducts the assessment.

A final 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 earliest of the following times:

the end of the day on which the report of the expert panel is published on the Department’s website under paragraph 390SL(a);

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 a final declaration the period for which it is to be in force. The period must not be longer than 24 months.