Approved Wildlife Trade Operation Declaration (Commonwealth Coral Sea Fishery)Revocation Instrument July 2021

Overview

The Approved Wildlife Trade Operation Declaration (Commonwealth Coral Sea Fishery) Revocation Instrument July 2021 was enacted to revoke a previously issued declaration concerning an approved wildlife trade operation in the Commonwealth Coral Sea Fishery. This instrument was created by Laura Timmins, acting as the delegate of the Minister for the Environment, under the authority granted by subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999. The primary objective of this instrument is to formally revoke the earlier declaration, ensuring that the regulatory framework governing wildlife trade operations within the specified fishery is updated to reflect any changes in policy or operational requirements. This revocation addresses the need for maintaining current and accurate regulations in relation to wildlife trade within the Commonwealth Coral Sea Fishery, thereby ensuring compliance with environmental protection and biodiversity conservation objectives.

Scope and Application

The Approved Wildlife Trade Operation Declaration (Commonwealth Coral Sea Fishery) Revocation Instrument July 2021 applies specifically to the revocation of an earlier declaration concerning approved wildlife trade operations within the Commonwealth Coral Sea Fishery. This instrument is enacted under the authority of the Environment Protection and Biodiversity Conservation Act 1999 and is effective from the day after its registration. The primary objective of this instrument is to revoke a previous declaration related to wildlife trade operations, thereby nullifying any approvals or permissions that were granted under the earlier declaration. The revocation affects any operations that were previously approved under the Commonwealth Coral Sea Fishery, ensuring that no further activities are conducted under the now-nullified declaration. The geographic scope of this instrument is limited to the Commonwealth Coral Sea area, and it applies to any entities or persons who were previously operating under the approved wildlife trade operation declaration. There are no specific exclusions or exemptions mentioned within the text, and the instrument itself does not extend its application beyond the revocation of the specified declaration.

Key Provisions

The Approved Wildlife Trade Operation Declaration (Commonwealth Coral Sea Fishery) Revocation Instrument July 2021 (hereafter referred to as the "Instrument") is a notifiable instrument made under subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This Instrument, dated 27 July 2021, was issued by Laura Timmins, the Senior Director of the Wildlife Trade Office, as a delegate of the Minister for the Environment. The primary purpose of this Instrument is to revoke a previous declaration regarding an approved wildlife trade operation within the Commonwealth Coral Sea Fishery, which was declared in January 2021. This revocation takes effect the day after the Instrument's registration. The key provisions of this Instrument, particularly section 4, outline that each instrument specified in the Schedule to this Instrument is revoked as per the applicable items in the Schedule. In this case, the whole of the instrument concerning the Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, January 2021, is revoked. The commencement of this Instrument is detailed in section 2, which specifies that all provisions of the Instrument commence the day after registration. The obligations imposed by this Instrument are primarily on the entities and parties involved in the wildlife trade operations within the Commonwealth Coral Sea Fishery. These entities must ensure compliance with the EPBC Act and any other relevant environmental protection regulations. The revocation of the previous declaration means that the specific approval for the wildlife trade operation, as previously granted, is no longer in effect. This necessitates a review of the current status of any ongoing operations and a compliance check to ensure that all activities are aligned with the current legal framework. In terms of consequences for breach, while the Instrument itself does not detail specific offences or penalties, any non-compliance with the EPBC Act or related regulations could lead to significant civil or criminal penalties. Under the EPBC Act, offences may include unauthorised actions that harm biodiversity or the environment, with potential penalties varying based on the severity of the breach. The maximum penalties for breaches can include substantial fines and imprisonment, depending on the specific offence and jurisdictional guidelines. It is imperative for the entities involved to adhere strictly to the legal requirements to avoid any legal ramifications.