Approved Wildlife Trade Operation Declaration (Queensland East Coast Inshore Fin Fish Fishery) (September 2018) Revocation Instrument 2019

Overview

The Approved Wildlife Trade Operation Declaration (Queensland East Coast Inshore Fin Fish Fishery) (September 2018) Revocation Instrument 2019 was enacted by Veronica Blazely, acting Assistant Secretary Wildlife Trade and Biodiversity Branch, as the Delegate of the Minister for the Environment, on 21 January 2019. This instrument was created under the authority of subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999. The primary objective of this instrument is to revoke the earlier declaration of an approved wildlife trade operation for the Queensland East Coast Inshore Fin Fish Fishery, which was made in September 2018. The revocation aims to address any issues or concerns that may have arisen in the management of the fishery since the initial declaration. Those affected by the revocation may apply to the Department of the Environment and Energy for the reasons behind the decision, and independent reviews can be sought through the Administrative Appeals Tribunal within the stipulated timeframes.

Scope and Application

The Approved Wildlife Trade Operation Declaration (Queensland East Coast Inshore Fin Fish Fishery) (September 2018) Revocation Instrument 2019 applies to any entity or person involved in the wildlife trade operation within the Queensland East Coast Inshore Fin Fish Fishery. The Act revokes the previously approved wildlife trade operation declaration made in September 2018, and its provisions apply from three business days after the instrument is signed, aligning with the commencement of the original declaration. This revocation impacts those who previously benefited from the approved status of their operations under the Environment Protection and Biodiversity Conservation Act 1999. Any entity or person with interests affected by this revocation has the right to seek reasons for the decision from the Department of the Environment and Energy within 28 days, and may also apply for an independent review by the Administrative Appeals Tribunal if dissatisfied with the outcome. This revocation is made under the authority of subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999, and it specifically targets the previously declared approved wildlife trade operation, effectively cancelling its legal standing.

Key Provisions

The main operative sections of this instrument involve the revocation of the previously declared Approved Wildlife Trade Operation—Queensland East Coast Inshore Fin Fish Fishery, September 2018. Section 4 states that each instrument specified in the Schedule to this instrument is revoked as set out in the applicable items of the Schedule, and any other item in a Schedule to this instrument has effect according to its terms. The Schedule 1 lists the specific instrument, Declaration of an Approved Wildlife Trade Operation – Queensland East Coast Inshore Fin Fish Fishery, September 2018, and revokes the whole of the instrument. This means that the previous declaration is no longer in effect as of the commencement date of this revocation instrument. The obligations and requirements imposed by this Act primarily revolve around the revocation of the specified instrument. The Declaration of an Approved Wildlife Trade Operation – Queensland East Coast Inshore Fin Fish Fishery, September 2018, is revoked entirely, meaning that any approvals, permits, or permissions granted under the previous declaration are nullified. This change impacts all parties or entities that were previously operating under the conditions of the revoked declaration, requiring them to comply with any new regulations or obtain new approvals as necessary. Offences, penalties, or consequences for breach of this instrument are not explicitly stated in the text. However, failure to comply with the new regulations or requirements following the revocation of the previous declaration could lead to legal repercussions. Depending on the specific provisions of the Environment Protection and Biodiversity Conservation Act 1999, breaches might result in fines, penalties, or other enforcement actions. The maximum penalties would depend on the nature of the breach and the relevant legislation governing the wildlife trade operations in Queensland. For those affected by this revocation, it is crucial to understand the changes and adapt to any new requirements promptly. Affected parties can seek reasons for the decision from the Department of the Environment and Energy within 28 days or apply for an independent review by the Administrative Appeals Tribunal within the same timeframe. Additionally, individuals may request access to documents related to this decision under the Freedom of Information Act 1982, subject to the applicable conditions and fees. For further assistance, enquiries can be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy.