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

Overview

The Approved Wildlife Trade Operation Declaration (Queensland Coral Fishery) Revocation Instrument July 2021, enacted in July 2021, was made by Laura Timmins, the Senior Director of the Wildlife Trade Office and delegate of the Minister for the Environment. This instrument revokes the previous declaration concerning the approved wildlife trade operation for the Queensland Coral Fishery, addressing a gap in the regulatory framework regarding wildlife trade operations that may no longer meet the required standards. The revocation aims to ensure that wildlife trade operations remain compliant with the relevant laws and regulations, thereby protecting biodiversity and ensuring sustainable practices. The instrument is made under subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999, highlighting its legislative authority and the need for ongoing regulation of wildlife trade operations.

Scope and Application

The Approved Wildlife Trade Operation Declaration (Queensland Coral Fishery) Revocation Instrument July 2021 applies to the revocation of an earlier instrument that had designated the Queensland Coral Fishery as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999. This revocation affects entities engaged in the coral fishery within Queensland, specifically targeting their trade operations that were previously approved. The instrument revokes the declaration which allowed certain activities associated with the trade of wildlife, in this case coral, to proceed under specific conditions that had been set out in the earlier instrument. The revocation applies across the Commonwealth of Australia, aligning with the jurisdictional scope of the overarching Act. There are no exclusions, exemptions, or thresholds specified within the instrument itself; however, the broader legislative framework may contain such provisions. The instrument’s scope is limited to the revocation of the specified declaration and does not extend to other wildlife trade operations or fisheries outside of Queensland’s coral fishery. The revocation is effective from the day after its registration, as per the commencement provisions outlined in the instrument.

Key Provisions

This Revocation Instrument, made by Laura Timmins as a delegate of the Minister for the Environment, primarily concerns the revocation of an earlier instrument known as the Approved Wildlife Trade Operation Declaration (Queensland Coral Fishery) June 2021. The Revocation Instrument, which is the main operative section of the document, is structured to revoke the previously declared operation. Section 1 of the Revocation Instrument specifies its name, while Section 2 outlines the commencement date for the provisions detailed in the instrument. According to Section 2(1), the entire instrument comes into effect the day after its registration, as indicated in the table provided. This table stipulates the commencement dates for different provisions, although any additional details in column 3 are not part of the instrument itself. The Revocation Instrument imposes obligations on parties and entities governed by the previously declared operation. The key requirement is the revocation of the Approved Wildlife Trade Operation Declaration (Queensland Coral Fishery) June 2021, as detailed in Schedule 1. This means that any approvals, permissions, or authorisations granted under the previous instrument are no longer in effect, and parties must comply with the new regulations or absence of regulation as stipulated by this Revocation Instrument. The authority for making this instrument is provided under subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999, ensuring that the revocation aligns with existing legislative frameworks. In terms of consequences for non-compliance or breach, the Revocation Instrument itself does not specify any offences, penalties, or civil/criminal consequences. However, any breach of the regulations previously outlined in the Approved Wildlife Trade Operation Declaration (Queensland Coral Fishery) June 2021 would need to be assessed under the provisions of the Environment Protection and Biodiversity Conservation Act 1999. The Act includes various penalties for non-compliance, which can range from fines to imprisonment, depending on the severity of the breach. These penalties are intended to ensure that parties adhere to the environmental and biodiversity protection laws set forth by the Act.