Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was introduced to address the need for protecting Australia’s biodiversity and environment from activities that may cause significant harm. Enacted by the Commonwealth Parliament, the Act aims to provide a framework for the protection and management of the environment, including wildlife trade operations. This legislation allows the Minister for the Environment to approve wildlife trade operations that are deemed to be ecologically sustainable. In the case of Schulz Fisheries Pty Ltd's operations for harvesting giant scarlet prawns, royal red prawns, giant red prawns, and scampi, the Minister, through the Assistant Secretary, Paul Murphy, has declared these operations to be an approved wildlife trade operation under the EPBC Act. The declaration is made in accordance with the provisions of the Act and is subject to specific conditions outlined in the Schedule to ensure that the operations are conducted sustainably and with minimal impact on the environment. The declaration process involved considering the application from Schulz Fisheries, public comments, and advice on the ecological sustainability of the operations. The Minister, satisfied with the sustainability of the operations, has approved them subject to the specified conditions which include adherence to the Queensland Fisheries Management Plan, reporting requirements, and measures to monitor and mitigate environmental impacts. This declaration underscores the commitment to balancing economic activities with environmental protection, ensuring that wildlife trade operations contribute to the conservation of Australia’s unique biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the approval of wildlife trade operations that may impact nationally significant flora, fauna, ecological communities, or heritage places. This declaration pertains to Schulz Fisheries Pty Ltd's operations for the harvesting of specific prawn species and scampi within the Queensland East Coast Otter Trawl Fishery, as outlined in the Queensland Fisheries (East Coast Trawl) Management Plan 2010 and the Queensland Fisheries Regulation 2008. The operations have been declared as an approved wildlife trade operation under the EPBC Act, subject to specific conditions that ensure ecological sustainability and compliance with relevant state regulations. This declaration applies to Schulz Fisheries Pty Ltd, and its validity extends until 26 April 2019, unless otherwise amended or revoked. The declaration is geographically confined to the operations taking place within the specified fishery area in Queensland. The decision to declare the operations as approved is based on the assessment of ecological sustainability, public comments, and advice received by the Delegate of the Minister for the Environment. The conditions attached to the declaration include adherence to the Queensland fisheries management plan, reporting requirements, monitoring protocols, and the development of protocols to avoid damage to sensitive marine environments. The Act provides for further regulation through subordinate instruments, which may include amendments or additional conditions imposed by the Minister or the Delegate.

Key Provisions

The primary operative sections of this notifiable instrument, as declared by Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, on behalf of the Minister for the Environment, declare Schulz Fisheries Pty Ltd's operations for the harvesting of specific prawn species as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303FN of the EPBC Act is referenced, specifying the criteria under which the declaration is made, while section 303FT outlines the conditions attached to the approval. The declaration is valid until 26 April 2019 and is subject to the conditions detailed in the Schedule. The obligations imposed on Schulz Fisheries Pty Ltd include adhering to the Queensland Fisheries (East Coast Trawl Fishery) Management Plan 2010, notifying the Department of the Environment of any significant changes to their management arrangements, and submitting annual reports as per the 'Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition'. Furthermore, Schulz Fisheries Pty Ltd must collaborate with the Queensland Department of Agriculture and Fisheries to implement monitoring and reporting protocols for bycatch and benthic impacts, including the installation of onboard cameras by qualified technicians and the examination of footage by independent individuals. They are also required to develop protocols to avoid damage to sensitive benthic environments adjacent to the Great Barrier Reef Marine Park. Breaches of the conditions outlined in the declaration could result in civil or criminal consequences. Although specific penalties are not stated in the notifiable instrument, the EPBC Act generally provides for enforcement actions, which may include fines and other penalties for non-compliance. The Act allows for the imposition of civil penalties for breaches, which can include substantial fines. Criminal penalties may also apply for serious or repeated breaches, potentially leading to imprisonment. The exact penalties would depend on the specific breach and the discretion of the court or relevant authority.