Approved Wildlife Trade Operation Declaration (Queensland East Coast Inshore Fin Fish Fishery) Revocation Instrument September 2020
I, Sussan Ley, Minister for the Environment, make the following instrument.
Dated this 30th day of September 2020
Sussan Ley
Minister for the Environment
1 Name
This instrument is the Approved Wildlife Trade Operation Declaration (Queensland East Coast Inshore Fin Fish Fishery) Revocation Instrument September 2020.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after registration. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is revoked as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Revocation
Declaration of an Approved Wildlife Trade Operation – Queensland East Coast Inshore Fin Fish Fishery, December, 2018 (No. 2)
1 The whole of the instrument
Revoke the instrument.
Overview
The Approved Wildlife Trade Operation Declaration (Queensland East Coast Inshore Fin Fish Fishery) Revocation Instrument, enacted in September 2020, addresses the need to revoke an existing declaration related to wildlife trade operations under the Environment Protection and Biodiversity Conservation Act 1999. This instrument was made by Sussan Ley, the Minister for the Environment, and is intended to effectively manage and regulate wildlife trade operations in the specified fishery. The policy objective behind this revocation is to ensure that wildlife trade operations are compliant with current environmental protection and biodiversity conservation standards, thereby safeguarding ecological integrity and sustainability.
This notifiable instrument was made under subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999 and revokes the earlier declaration concerning the Queensland East Coast Inshore Fin Fish Fishery. The revocation ensures that any previously approved wildlife trade operations are reassessed in light of new regulations or changes in policy, thereby maintaining the balance between economic activities and environmental protection.
Scope and Application
This instrument, titled "Approved Wildlife Trade Operation Declaration (Queensland East Coast Inshore Fin Fish Fishery) Revocation Instrument September 2020," is made by Sussan Ley, the Minister for the Environment, and it revokes a previous declaration under the Environment Protection and Biodiversity Conservation Act 1999. The instrument applies specifically to the approved wildlife trade operation concerning the Queensland East Coast Inshore Fin Fish Fishery, which was declared in December 2018. The revocation of this instrument takes effect the day after its registration, as per the provisions outlined in the instrument itself. It is important to note that this instrument operates within the jurisdiction of the Commonwealth of Australia and is directly linked to environmental conservation and trade regulations as stipulated by the Act. The revocation of the specified instrument effectively nullifies the previously granted approval for the wildlife trade operation in question, thereby impacting the entities or individuals who were authorised under the now-revoked declaration.
Key Provisions
The Approved Wildlife Trade Operation Declaration (Queensland East Coast Inshore Fin Fish Fishery) Revocation Instrument September 2020 (section 1) is the legislative instrument that revokes a previous declaration regarding the wildlife trade operation in Queensland's east coast inshore fin fish fishery. This instrument, dated the 30th of September 2020 and made by Sussan Ley, the Minister for the Environment, revokes a specific declaration made in December 2018 (section 4, Schedule 1). The revocation of this instrument is effective from the day after its registration (section 2).
This Act imposes a direct and clear obligation on the entities governed by it to cease any activities that were previously approved under the revoked declaration. This means that any operations that were specifically authorised by the now-repealed declaration are no longer legally permissible, and must be brought into compliance with current regulations. The revocation effectively nullifies any authorisations, permissions, or exemptions that were granted under the previous instrument.
Breaching the terms of this revocation could result in legal consequences. Although the instrument itself does not specify particular offences, penalties, or consequences for non-compliance, any activities continuing under the now-revoked declaration could be subject to the broader provisions of the Environment Protection and Biodiversity Conservation Act 1999, under which this instrument was made (section 3). Such breaches could potentially lead to enforcement actions, fines, or other penalties as stipulated in the broader Act. The specifics of these penalties would be determined in accordance with the relevant sections of the primary Act.