COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Approved Wildlife Trade Operation Declaration (Queensland Gulf of Carpentaria Inshore Fin Fish Fishery) Revocation Instrument, December 2021
I, SUSSAN LEY, Minister for the Environment, make the following instrument.
Dated this 20th day of December 2021
Sussan Ley
….……………………………………………….
Minister for the Environment
1 Name
This instrument is the Approved Wildlife Trade Operation Declaration (Queensland Gulf of Carpentaria Inshore Fin Fish Fishery) Revocation Instrument, December 2021.
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Note: This table relates only to the provisions of this instrument as originally made.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 Gulf of Carpentaria Inshore Fin Fish Fishery, March, 2019
1 The whole of the instrument
Revoke the instrument.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the assessment and approval of certain activities. This Act aims to address the problem of unsustainable wildlife trade that threatens biodiversity and ecological systems. The Approved Wildlife Trade Operation Declaration (Queensland Gulf of Carpentaria Inshore Fin Fish Fishery) Revocation Instrument, December 2021, was introduced to specifically revoke the previous declaration pertaining to the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, reflecting a change in policy or circumstances that necessitated the withdrawal of the approval for this particular wildlife trade operation. This instrument was made by Sussan Ley, the Minister for the Environment, under subsection 303FT(10) of the Act. The policy objective behind this revocation appears to be a response to evolving environmental considerations or operational changes within the fishery.
Scope and Application
The Approved Wildlife Trade Operation Declaration (Queensland Gulf of Carpentaria Inshore Fin Fish Fishery) Revocation Instrument, December 2021, applies to the specific wildlife trade operation declared under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) for the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery. The instrument, made under subsection 303FT(10) of the EPBC Act, revokes the previous declaration related to this fishery, which was established in March 2019. The revocation takes effect the day after the instrument is registered, as stipulated in the commencement provisions. The instrument targets entities involved in the inshore fin fish fishery within the specified geographic area of the Gulf of Carpentaria in Queensland, ensuring compliance with the EPBC Act. Any subsequent amendments to this instrument will not be reflected in the original commencement table, and any inserted or edited information in the table does not constitute part of the instrument itself.
Key Provisions
The Approved Wildlife Trade Operation Declaration (Queensland Gulf of Carpentaria Inshore Fin Fish Fishery) Revocation Instrument, December 2021, constitutes a formal notification to revoke an existing instrument under the Environment Protection and Biodiversity Conservation Act 1999. Section 1 identifies the instrument as the Revocation Instrument for the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, while Section 2 outlines the commencement date, which is the day following registration. The Authority under which this instrument is made is specified in Section 3, being subsection 303FT(10) of the Act. Section 4 details that the revocation applies to the instruments listed in the Schedule.
The Revocation Instrument imposes specific obligations on the parties involved, particularly those who previously held approval for the wildlife trade operation in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery. With the revocation of the original declaration, these parties must now cease any activities previously authorised under the now-nullified instrument. The revocation effectively terminates any permissions or authorisations granted under the previous declaration, and all activities must be brought to a halt in compliance with the new legislative stance.
Any breach of the provisions set forth in the Revocation Instrument could lead to both civil and criminal consequences. The Act provides for penalties that may include fines and imprisonment for individuals and corporations found to be in violation of the revocation. The maximum penalties for such offences are determined by the specific provisions of the Environment Protection and Biodiversity Conservation Act 1999, which could involve substantial financial penalties and, in severe cases, imprisonment for directors or responsible officers. The precise nature and extent of these penalties are governed by the overarching Act rather than the Revocation Instrument itself.