Approved Wildlife Trade Operation Declarations (Queensland Blue Swimmer Crab Fishery and Queensland Mud Crab Fishery) Revocation Instrument, December 2021

Overview

The Approved Wildlife Trade Operation Declarations (Queensland Blue Swimmer Crab Fishery and Queensland Mud Crab Fishery) Revocation Instrument, December 2021 was enacted to address issues surrounding the sustainability and management of the Queensland Blue Swimmer Crab Fishery and Queensland Mud Crab Fishery. The instrument was made under subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999 by Sussan Ley, the Minister for the Environment. The objective of this revocation is to rectify or update the previously approved declarations related to wildlife trade operations, potentially in response to new findings or changes in environmental conditions, management practices, or compliance requirements. This legislative action underscores the ongoing commitment to protecting and conserving Australia’s biodiversity, ensuring that fisheries operations align with environmental standards and sustainability goals. The revocation instrument specifies that the whole of the previously approved declarations is revoked, reflecting a decisive step towards enhancing the management of these fisheries.

Scope and Application

The Approved Wildlife Trade Operation Declarations (Queensland Blue Swimmer Crab Fishery and Queensland Mud Crab Fishery) Revocation Instrument, December 2021, made under subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999, applies to the revocation of the declarations that were previously made for the Queensland Blue Swimmer Crab Fishery and the Queensland Mud Crab Fishery. The instrument revokes the approval granted to these fisheries, impacting the entities and persons involved in the trade of these crab species within the specified fisheries. The revocation affects operations that were previously approved under the Act, thereby altering the legal status of these fisheries with respect to wildlife trade. The instrument has a national jurisdictional reach within Australia, given the federal nature of the Environment Protection and Biodiversity Conservation Act 1999. There are no specific exclusions, exemptions, or thresholds mentioned in this revocation instrument, and it does not extend or restrict its application through subordinate instruments beyond what is specified in the Act itself. The revocation is effective from the day after the instrument is registered, as per the commencement provisions.

Key Provisions

The Approved Wildlife Trade Operation Declarations (Queensland Blue Swimmer Crab Fishery and Queensland Mud Crab Fishery) Revocation Instrument, December 2021 (section 1), primarily serves to revoke the previously declared Approved Wildlife Trade Operations for the Queensland Blue Swimmer Crab Fishery and the Queensland Mud Crab Fishery, as established under a May 2019 instrument. The commencement of this revocation instrument occurs the day after its registration (section 2(1)). This revocation effectively nullifies the previous declarations, meaning they no longer hold legal standing as approved wildlife trade operations under the Environment Protection and Biodiversity Conservation Act 1999. In terms of obligations and requirements, this instrument imposes a clear mandate on the relevant parties, specifically the operators of the Queensland Blue Swimmer Crab Fishery and the Queensland Mud Crab Fishery, to cease any activities that were previously authorised under the now-repealed declarations. Operators must now comply with other applicable provisions of the Environment Protection and Biodiversity Conservation Act 1999, which may include obtaining new approvals or permits as necessary. Additionally, this revocation impacts any regulatory framework or compliance measures previously associated with these fisheries, necessitating adjustments to align with current legislative requirements. The revocation of the wildlife trade operation declarations carries implications for any breaches that occurred under the previous approvals. Although the specific offences, penalties, or consequences are not detailed in the instrument itself, they would typically be governed by the overarching provisions of the Environment Protection and Biodiversity Conservation Act 1999. Under this Act, significant breaches can lead to substantial penalties, including fines of up to $666,666 for corporations and $133,333 for individuals, alongside potential imprisonment terms. The revocation may also trigger civil actions for damages or injunctions to prevent further non-compliance.