(b) the action is taken in a Commonwealth marine area; and
(c) the action is a declared commercial fishing activity.
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
Note 1: If a body corporate is found to have committed an offence against this section, an executive officer of the body may be found to have committed an offence against section 495.
Note 2: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.
(2) Strict liability applies to paragraph (1)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
Division 2—Declaring a commercial fishing activity
Subdivision A—What is a declared commercial fishing activity?
390SC What is a declared commercial fishing activity?
(1) A declared commercial fishing activity is a commercial fishing activity that is specified in:
(a) an interim declaration that is in force under section 390SD; or
(b) a final declaration that is in force under section 390SF.
(1A) A commercial fishing activity is a fishing activity that is engaged in for a commercial purpose, and, to avoid doubt, does not include an activity that constitutes recreational fishing (within the meaning of subsection 212(2)).
Note: Under subsection 212(2), recreational fishing includes fishing from a charter boat and fishing in a fishing competition.
(2) A fishing activity means an activity that constitutes fishing.
Subdivision B—Interim declaration
390SD Interim declaration
Making an interim declaration
(1) The Minister may, by legislative instrument, make a declaration (an interim declaration) that a specified commercial fishing activity is a declared commercial fishing activity.
Note 1: For variation of an interim declaration, see subsection 33(3) of the Acts Interpretation Act 1901.
Note 2: For revocation of an interim declaration, see section 390SG.
(2) When making an interim declaration, the Minister may identify a commercial fishing activity by reference to all or any of the following:
(a) a method of fishing;
(b) a type of vessel used for fishing;
(c) a method of processing, carrying or transhipping of fish that have been taken;
(d) an area of waters or of seabed.
Note: Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
(2A) 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.
(3) The Minister must not make an interim declaration unless the Minister and the Fisheries Minister agree that:
(a) there is uncertainty about the environmental impacts of the commercial fishing activity; and
(b) 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.
When an interim declaration is in force
(4) An interim declaration:
(a) comes into force at the end of the day on which it is registered in the Federal Register of Legislation; and
(b) remains in force until the earlier of the following times:
(i) the end of the period specified in the declaration as the period for which the declaration is in force;
(ii) if the declaration is revoked—when the revocation comes into force.
Specified period for which interim declaration is in force
(5) 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.
390SE Consultation
(1) As soon as is practicable after making an interim declaration under section 390SD declaring that a specified commercial fishing activity is a declared commercial fishing activity, the Minister must publish a notice on the Department’s website in accordance with subsection (2).
(2) The notice must:
(a) invite each declaration affected person (see subsection (3)) to make a written submission about the impact on the person’s rights or interests in relation to fishing if a final declaration under section 390SF were made in relation to the commercial fishing activity; and
(b) specify that written submissions must be lodged during the period specified in the notice; and
(c) specify the manner in which written submissions are to be lodged.
(3) A declaration affected person, in relation to a commercial fishing activity, means a person who:
(a) holds a fishing concession or is prescribed by the regulations; and
(b) considers that the person would be detrimentally affected by the making of a final declaration under section 390SF in relation to the commercial fishing activity.
(4) For the purposes of paragraph (2)(b), the period specified in the notice must be at least 11 business days after the day the notice is published.
Subdivision C—Final declaration
390SF Final declaration
Making a final declaration
(1) The Minister may, by legislative instrument, make a declaration (a final declaration) that a specified commercial fishing activity is a declared commercial fishing activity.
Note 1: For variation of a final declaration, see subsection 33(3) of the Acts Interpretation Act 1901.
Note 2: For revocation of a final declaration, see section 390SG.
(2) The Minister must not make a final declaration unless:
(a) 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
(b) consultation under section 390SE has occurred in relation to the commercial fishing activity; and
(c) the Minister has considered any written submission that:
(i) was made under section 390SE by a declaration affected person; and
(ii) was lodged during the period referred to in paragraph 390SE(2)(b); and
(d) the Minister and the Fisheries Minister agree that there is uncertainty about the environmental impacts of the commercial fishing activity; and
(e) the Minister and the Fisheries Minister agree that it is appropriate that:
(i) an expert panel be established under section 390SH to conduct an assessment of the commercial fishing activity and report on the matter; and
(ii) the commercial fishing activity be prohibited in a Commonwealth marine area while the expert panel conducts the assessment.
When a final declaration is in force
(3) A final declaration:
(a) comes into force at the end of the day on which it is registered in the Federal Register of Legislation; and
(b) remains in force until the earliest of the following times:
(i) the end of the day on which the report of the expert panel is published on the Department’s website under paragraph 390SL(a);
(ii) the end of the period specified in the declaration as the period for which the declaration is in force;
(iii) if the declaration is revoked—when the revocation comes into force.
Specified period for which final declaration is in force
(4) 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.
Subdivision D—Revoking declarations
390SG Revoking an interim or final declaration
(1) The Minister may, by legislative instrument, revoke:
(a) an interim declaration under section 390SD; or
(b) a final declaration under section 390SF.
(2) A revocation under subsection (1) comes into force at the end of the day on which it is registered in the Federal Register of Legislation.
Division 3—Expert panel assessment of declared commercial fishing activity
390SH Establishment of expert panel
(1) As soon as is practicable after making a final declaration under section 390SF declaring that a specified commercial fishing activity is a declared commercial fishing activity, the Minister must:
(a) appoint, in writing, one or more persons (the members) as an expert panel to conduct an assessment and report to the Minister about the commercial fishing activity; and
(b) with the agreement of the Fisheries Minister, specify in writing (the terms of reference):
(i) the matters relating to the commercial fishing activity that are to be the subject of the assessment and report; and
(ii) the date by which the panel must report to the Minister.
Note: The Minister may revoke an appointment: see subsection 33(3) of the Acts Interpretation Act 1901.
(2) The Minister may specify in the terms of reference the manner in which the expert panel is to carry out the assessment.
(3) The Minister may, in writing, vary or revoke the terms of reference with the agreement of the Fisheries Minister.
(4) The Minister must:
(a) publish a copy of the terms of reference on the Department’s website as soon as is practicable after the Minister specifies or varies them; and
(b) cause a copy of the terms of reference to be laid before each House of the Parliament within 15 sitting days of that House after the day the Minister specifies or varies them.
390SI Terms and conditions
The Minister must determine, in writing, the terms and conditions applicable to members of the expert panel, including terms and conditions relating to:
(a) term of office; and
(b) remuneration; and
(c) allowances; and
(d) disclosure of interests.
390SJ Procedure for assessment
(1) The expert panel must comply with the terms of reference in conducting the assessment.
(2) Subject to subsection (1), the expert panel may determine the procedure to be followed in its assessment.
390SK Timing of the report
The expert panel must give the Minister the report on the assessment on the date specified by the Minister in the terms of reference.
390SL Publication of the report
The Minister must:
(a) publish a copy of the report on the Department’s website within 20 business days after the day the Minister receives the report; and
(b) cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day the Minister receives the report; and
(c) comply with any other publication requirements prescribed by the regulations.
Division 4—Sunsetting of this Part
390SM Sunsetting of this Part
New declarations under this Part may not be made 12 months after the day the Environment Protection and Biodiversity Conservation Amendment (Declared Commercial Fishing Activities) Act 2012 commences.
Commonwealth Coat of Arms of Australia
Environment Protection and Biodiversity Conservation Act 1999
No. 91, 1999
Compilation No. 68
Compilation date: 28 March 2026
Includes amendments: Act No. 4, 2026
This compilation is in 3 volumes
Volume 1: sections 1‑266
Volume 2: sections 266B‑390SM
Volume 3: sections 391‑528
Schedule 1
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Environment Protection and Biodiversity Conservation Act 1999 that shows the text of the law as amended and in force on 28 March 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 6—Administration
Part 16—Precautionary principle and other considerations in making decisions
391 Minister must consider precautionary principle in making decisions
Part 17—Enforcement
Division 1—Wardens, rangers and inspectors
Subdivision A—Wardens and rangers
392 Appointment of wardens and rangers
393 Arrangements for certain officers or employees to exercise powers etc. of wardens or rangers
394 Wardens ex officio
395 Identity cards
Subdivision B—Inspectors
396 Appointment of inspectors
397 Inspectors ex officio
398 Arrangements for State and Territory officers to be inspectors
399 Identity cards
Subdivision BA—Exercise of powers of authorised officers outside the territorial sea
399A Powers to be exercised consistently with UNCLOS
Subdivision BB—Exercise of powers of authorised officers in relation to Great Barrier Reef Marine Park
399B Certain powers to be exercised only by certain authorised officers
Subdivision C—Miscellaneous
400 Regulations may give wardens, rangers and inspectors extra powers, functions and duties
401 Impersonating authorised officers and rangers
402 Offences against authorised officers and rangers
Division 2—Boarding of vessels etc. and access to premises
403 Boarding of vessels etc. by authorised officers
404 Authorised officers to produce identification
405 Access to premises
406 Powers of authorised officers
406A Searches under paragraph 406(1)(ba)
406AA Taking things into possession
406B Thing taken into possession is not a thing seized
Division 3—Monitoring of compliance
407 Monitoring powers
407A Operation of electronic equipment at premises
407B Compensation for damage to electronic equipment
408 Monitoring searches with occupier’s consent
409 Monitoring warrants
409A Monitoring warrants by telephone or other electronic means
409B Executing officer to be in possession of warrant
410 Details of monitoring warrant to be given to occupier etc.
411 Occupier entitled to be present during search
412 Announcement before entry
412A Other powers when on premises under monitoring warrant
Division 4—Search warrants
413 When search warrants can be issued
414 Statements in warrants
415 Powers of magistrate
416 Warrants by telephone or other electronic means
417 The things that are authorised by a search warrant
418 Availability of assistance, and use of force, in executing a warrant
418A Executing officer to be in possession of warrant
419 Details of warrant to be given to occupier etc.
420 Specific powers available to person executing warrant
421 Use of equipment to examine or process things
422 Use of electronic equipment at premises
423 Compensation for damage to electronic equipment
424 Copies of seized things to be provided
425 Occupier entitled to be present during search
426 Receipts for things seized under warrant
427 Restrictions on personal searches
428 When a thing is in the possession of a person
Division 6—Arrest and related matters
430 Powers of arrest
431 Power to conduct a frisk search of an arrested person
432 Power to conduct an ordinary search of an arrested person
433 Power to conduct search of arrested person’s premises
433A Interaction of this Division with Schedule 1
Division 6A—Provisions relating to detention of suspected foreign offenders
433B Provisions relating to detention of suspected foreign offenders
Division 7—Miscellaneous provisions about searches, entry to premises, warrants etc.
434 Conduct of ordinary searches and frisk searches
435 Announcement before entry
436 Offence of making false statements in warrants
437 Offences relating to telephone warrants
438 Retention of things seized under Division 4 or 6
440 Law relating to legal professional privilege not affected
441 Other laws about search, arrest etc. not affected
442 Persons to assist authorised officers
Division 8—Power to search goods, baggage etc.
443 Power to search goods, baggage etc.
Division 8A—Power to ask questions about specimens
443A Authorised officer may ask questions about the nature or origin of specimens
Division 9—Power to ask for names and addresses
444 Authorised person may ask for person’s name and address
Division 10—Seizure and forfeiture etc.
Subdivision AA—Seizure of specimens involved in a contravention of Part 13A
444A Seizure of specimens involved in a contravention of Part 13A
444B Notice about seizure
444C Applications for return of specimen
444D Court action for return of specimen
444E Consignment of specimen with consent of owner
444G Retention of specimen
444H Forfeiture of specimen after end of retention period
Subdivision AB—Seizure of things (other than specimens involved in a contravention of Part 13A)