COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), advice on the ecological sustainability of the operation. I am satisfied on those matters specified in section 303FN of the EPBC Act. I hereby declare the operations for the incidental harvesting of specimens that are, or are derived from:
Sphyrna lewini (scalloped hammerhead shark)
S. mokarran (great hammerhead shark)
S. zygaena (smooth hammerhead shark),
taken in the Commonwealth Eastern Tuna and Billfish Fishery, as defined in the Eastern Tuna and Billfish Fishery Management Plan 2010 made under the Commonwealth Fisheries Management Act 1991, to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d), for the purposes of the EPBC Act.
Unless amended or revoked, this declaration is valid from 14 September 2014 until 13 September 2017.
Dated this 10th day of September 2014
………….…….……Paul Murphy……………………………
Delegate of the Minister for the Environment
Notes:
Under the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision. An application for a statement of reasons may be made in writing to the Department of the Environment within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Appeals Tribunal on payment of the relevant fee within 28 days of the date of the declaration, or if reasons are sought, within 28 days of receipt of reasons. Further information may be obtained from the Director, Sustainable Fisheries Section.
Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non detriment finding for that species. Further information, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from http://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation across Australia. The Act aims to provide for the protection of the environment, heritage places, and biodiversity through measures such as the declaration of wildlife trade operations. The EPBC Act was enacted by the Parliament of Australia, with the objective of ensuring that Australia's obligations under international agreements, such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), are met while also promoting the conservation of the nation's biodiversity. This declaration under the EPBC Act allows for the incidental harvesting of scalloped hammerhead, great hammerhead, and smooth hammerhead shark specimens within the Commonwealth Eastern Tuna and Billfish Fishery, ensuring compliance with both national and international conservation standards.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to entities and persons involved in wildlife trade operations, particularly focusing on the ecological sustainability of such operations. In this instance, the Act's provisions are applied to the incidental harvesting of specimens of three species of hammerhead sharks (Sphyrna lewini, S. mokarran, and S. zygaena) within the Commonwealth Eastern Tuna and Billfish Fishery, as defined under the Commonwealth Fisheries Management Act 1991. The geographical reach of this Act is national, operating under Commonwealth jurisdiction. The declaration made by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as a Delegate of the Minister for the Environment, recognises the specified operations as an approved wildlife trade operation, ensuring compliance with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The declared operations are subject to review and potential revocation, with a reviewable period from 14 September 2014 until 13 September 2017. Affected parties have the right to seek a statement of reasons and independent review under the Administrative Appeals Tribunal Act 1975.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a pivotal piece of legislation that aims to protect and conserve Australia’s environment and biodiversity. Under this Act, section 303FN (paragraphs 10(d) and 2) specifically deals with the declaration of approved wildlife trade operations. In this instance, Paul Murphy, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, acting as the delegate of the Minister for the Environment, has declared certain operations involving the incidental harvesting of specimens of scalloped hammerhead shark (Sphyrna lewini), great hammerhead shark (S. mokarran), and smooth hammerhead shark (S. zygaena) within the Commonwealth Eastern Tuna and Billfish Fishery to be an approved wildlife trade operation. This declaration is effective from 14 September 2014 until 13 September 2017 unless otherwise amended or revoked.
This declaration imposes several obligations and requirements on the parties involved. Firstly, the operation must adhere to the conditions outlined in the Eastern Tuna and Billfish Fishery Management Plan 2010, which was made under the Commonwealth Fisheries Management Act 1991. The operation must also comply with Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which is incorporated into the EPBC Act through Part 13A. Specifically, the export of specimens listed in Appendix II of Australia’s CITES list must be regulated by a CITES export permit and a non-detriment finding issued by Australia’s CITES Scientific Authority. The operation must ensure that these conditions are met to maintain ecological sustainability and comply with international trade regulations.
Failure to comply with the provisions of the EPBC Act, including the requirements for an approved wildlife trade operation, can result in significant legal consequences. While the specific offences, penalties, and consequences for breach are not detailed in the declaration, the EPBC Act generally provides for both civil and criminal penalties. Civil penalties can include fines up to a substantial amount, often indexed to inflation, and in some cases, even imprisonment for serious breaches. Criminal penalties can include fines and imprisonment, with the severity of the penalty often depending on the nature and extent of the breach. The Act also allows for the recovery of costs associated with enforcement actions, and in cases of serious or repeated breaches, court orders to cease activities, and even revocation of permits or licenses.