Document ID: chunk:federal_register_of_legislation:F2024L00930:reg:1:p6
Version: federal_register_of_legislation:F2024L00930
Segment Type: reg
Provision Reference: reg 1 (pt 6/10)
Character Range: 50847–54138

applies and complies with EPBC Act environmental protection responsibilities under the environmental management authorisations process endorsed by the Minister for Environment under section 146 of the EPBC Act (the Program). The OPGGS Regulations require a titleholder to have an accepted environment plan for any petroleum or greenhouse gas activity, which must demonstrate how the activity will not be inconsistent with any threatened species (e.g., southern right whale) Recovery Plan in place, and that any impacts are of an acceptable level. Under the OEI Act, NOPSEMA operates as the offshore infrastructure regulator of activities that include the construction, installation, operation, maintenance or decommissioning of offshore renewable energy infrastructure and offshore electricity transmission infrastructure as defined under the OEI Act.
Fisheries Bycatch Policy
The Commonwealth Fisheries Bycatch Policy aims to reduce fishing-related impacts on bycatch species by ensuring the exploitation of fisheries resources is consistent with the principles of ecologically sustainable development. The Bycatch Policy's central theme of avoiding or minimising bycatch is supported by the Guidelines for the Implementation of the Commonwealth Fisheries Bycatch Policy 2018.

     1.2.2          State and territory legislation and management arrangements
The relevant legislation by state jurisdiction and conservation status of southern right whales under each piece of legislation are outlined in Table 2, and specific provisions for each State are provided.

Table 2 Conservation status of the southern right whale under Australian State legislation.
Jurisdiction       Legislation                             Listing status
New South Wales    Biodiversity Conservation Act 2016      Endangered
Victoria           Flora and Fauna Guarantee Act 1988      Endangered
Tasmania           Threatened Species Protection Act 1995  Endangered
South Australia    National Parks and Wildlife Act 1972    Vulnerable
Western Australia  Biodiversity Conservation Act 2016      Vulnerable
Queensland         Nature Conservation Act 1992            Least Concern

New South Wales
Protection of marine mammals in NSW is legislated under the Biodiversity Conservation Act 2016 (and Regulation 2017). Provisions of the Act and Regulation cover harming animals (s2.1), damaging habitat of threatened species (where habitat is known), dealing in animals, and providing regulations for approaching marine mammals (s2.3 to s2.7). The Regulation (under Part 2, Division 2.1) addresses whale watching and regulations on the ability to interfere, approach, operate vessels and aircraft, feed, swim with marine mammals, and marine mammals in captivity, including breeding and importing (s2.1 to 2.8).
The Act provides a mechanism that may allow for the declaration of an area to be an Area of Outstanding Biodiversity Value (s3.1 to s3.6), if that area contributes to the persistence of a threatened species, which may act as a form of marine sanctuary if declared. Furthermore, management plans for Marine Parks and Aquatic Reserves created under the Marine Estate Management Act 2014 may allow for park or issue specific conditions (e.g., sanctuary zones, commercial activities, behaviours) for the use of