COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Declaration of an Approved Wildlife Trade Operation – Crazy Crabs – December 2018
I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment under the Environment Protection and Biodiversity Conservation Act 1999, am satisfied that an operation conducted by Crazy Crabs to harvest and export Land Hermit Crabs (Coenobita variabilis), is a small-scale operation, as defined by regulation 9A.20(2) under subsection 303FN(10) (b). I declare under subsection 303FN (2) that Crazy Crabs is an approved wildlife trade operation.
This declaration has effect subject to the following conditions applied under S303FT:
- The operation is to be undertaken in accordance with the proposal submitted on
30 October 2018.
2. Harvest is restricted to Coenobita variabilis (Land Hermit Crabs).
3. All activities covered by this approval, must be carried out in accordance with the necessary permits and approvals as required under State and Commonwealth laws.
4. Crazy Crabs must submit annual reports that include the total number of Land Hermit Crabs harvested, and the total number of Land Hermit Crabs exported.
5. This declaration is valid for three years from the date of gazettal of this declaration.
Dated this 12th Day of December 2018
………………..Paul Murphy……………….
Delegate of the Minister for the Environment
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy for the reasons for the decision.
An application for independent review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee (currently $884 or reduced fee where applicable due to financial hardship) by the applicant, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT’s website at http://www.aat.gov.au/ for further information.
You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. For further information, please visit http://www.environment.gov.au/foi/index.html.
Further enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy, Email: wta@environment.gov.au, Telephone: (02) 6274 1900 (option 2).
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, aims to provide for the protection of the environment, particularly through the regulation of activities that may have a significant impact on the environment, including wildlife trade. In December 2018, a notifiable instrument was issued under this Act, declaring an operation conducted by Crazy Crabs to harvest and export Land Hermit Crabs (Coenobita variabilis) as an approved wildlife trade operation. This declaration was made by Paul Murphy, as the Delegate of the Minister for the Environment, under the authority of the Act, subject to specific conditions designed to ensure the operation's compliance with both state and federal laws, as well as its sustainability and transparency through annual reporting requirements.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the operation conducted by Crazy Crabs for the harvesting and exporting of Land Hermit Crabs (Coenobita variabilis). This declaration applies to the specific operation of Crazy Crabs, which is recognised as a small-scale operation under the Act. The operation is confined to the harvesting and export of Land Hermit Crabs and must comply with both state and Commonwealth laws, including the submission of annual reports detailing the number of crabs harvested and exported. This declaration is valid for three years from the date of its gazettal and can be reviewed by the Administrative Appeals Tribunal if required. The geographic scope of this Act is national, extending across all jurisdictions within Australia, ensuring compliance with both federal and state regulations. Any person whose interests are affected by this declaration has the right to request reasons for the decision and may apply for an independent review if necessary.
Key Provisions
The key sections of the legislation declare that Crazy Crabs' operation for harvesting and exporting Land Hermit Crabs (Coenobita variabilis) is recognised as an approved wildlife trade operation (section 303FN(2)). This recognition is conditional on the operation adhering to the specific terms outlined in the declaration, including the restriction of harvest to only Land Hermit Crabs (section 303FT(2)) and the requirement to comply with all necessary permits and approvals under both state and commonwealth laws (section 303FT(3)). Crazy Crabs is further required to submit annual reports detailing the total number of crabs harvested and exported (section 303FT(4)). This declaration is valid for a period of three years from the date of its gazette (section 303FT(5)).
The Act imposes several obligations on Crazy Crabs to ensure compliance with environmental protection and biodiversity conservation standards. These include limiting the harvesting to Coenobita variabilis, obtaining all necessary permits and approvals from relevant authorities, and submitting detailed annual reports to the Department of the Environment and Energy. By adhering to these conditions, Crazy Crabs must operate in a manner that minimises impact on the species and their natural habitats, ensuring that their activities do not contribute to the endangerment of the Land Hermit Crab population.
The legislation provides for various consequences should Crazy Crabs fail to comply with the conditions of the declaration. Breaches of the conditions set forth in section 303FT could potentially lead to legal action, including fines and penalties as prescribed by the relevant environmental laws. Additionally, ongoing non-compliance could result in the revocation of the approved wildlife trade operation status, thereby preventing Crazy Crabs from legally harvesting and exporting Land Hermit Crabs. The maximum penalties for such breaches are not explicitly stated in the provided text but would typically align with those set out in the Environment Protection and Biodiversity Conservation Act 1999 and other related legislation.
Persons whose interests are affected by this declaration have the right to seek reasons for the decision from the Department of the Environment and Energy within 28 days of the declaration (section 303GJ(1)). Furthermore, an independent review of the decision can be requested from the Administrative Appeals Tribunal within the same timeframe, subject to the payment of a relevant fee. Should there be a desire to access documents related to this decision, an application can be made under the Freedom of Information Act 1982. These provisions ensure transparency and provide avenues for recourse in case of dissatisfaction with the decision.