Declaration of an Approved Wildlife Trade Operation [No. 2]

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to facilitate ecologically sustainable development through the conservation and ecologically sustainable use of natural resources. The EPBC Act was introduced to address the need for a comprehensive framework that integrates environmental considerations into decision-making processes, particularly those that may impact biodiversity and ecosystems. The Act is administered by the Commonwealth Parliament, with a clear policy objective of protecting and managing Australia's biodiversity and environment through stringent regulations and oversight mechanisms. The declaration of an approved wildlife trade operation, such as the case of Hinternoosa Hatchery for the harvest of Neoceratodus forsteri, exemplifies the Act's role in regulating wildlife trade to ensure it does not threaten species or ecosystems.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to activities that may have a significant impact on matters of national environmental significance, including the conservation of wildlife. In this context, the Act applies to entities such as Hinternoosa Hatchery, which is identified as an existing stocks wildlife trade operation for the harvest of Neoceratodus forsteri (Australian Lungfish) from Queensland waters. This specific declaration pertains to activities occurring under the Queensland Government General Fisheries Permit number 179160, between 20 April 2015 and the date of registration of the declaration on the Federal Register of Legislation. The jurisdictional reach of the EPBC Act is national, encompassing all activities across Australia, with the declaration being a part of the Commonwealth's regulatory framework. The Act allows for the possibility of exclusions or exemptions through subordinate instruments, which may further define specific operational conditions or standards. Any person whose interests are affected by this declaration has the right to seek reasons for the decision from the Department of the Environment and Energy and may apply for an independent review to the Administrative Appeals Tribunal within the stipulated timeframes.

Key Provisions

The main operative sections of this declaration pertain to the Environment Protection and Biodiversity Conservation Act 1999 (the Act), specifically sections 303FR, 303FN, and 303GJ. Section 303FR requires the delegate to consider public comments before making a declaration, while section 303FN details the criteria that must be satisfied and considered in making such a declaration. Section 303GJ outlines the process for reviewing the decision. Under the Act, the delegate, in this case Paul Murphy, is required to ensure that Hinternoosa Hatchery complies with all relevant legislative requirements for wildlife trade operations. This involves meeting the criteria set out in the Act and considering any public comments before making the declaration. Additionally, the delegate must ensure that the operation adheres to the terms of the Queensland Government General Fisheries Permit number 179160. Breaching the requirements of the Act can lead to both civil and criminal consequences. While specific offences and penalties are not outlined in the declaration, the Act generally provides for enforcement actions by the Department of the Environment and Energy, which can include fines, prosecution, and other penalties for non-compliance. The severity of these consequences will depend on the nature and extent of the breach. For those whose interests are affected by this declaration, there are avenues for seeking review. An affected person may apply in writing to the Department of the Environment and Energy for reasons for the decision within 28 days of the declaration. Additionally, an application for independent review can be made to the Administrative Appeals Tribunal (AAT) within 28 days of receiving the reasons for the decision or within 28 days of the declaration if reasons for the decision are not sought. The AAT review process involves a payment of a relevant fee, which is currently $884, or a reduced fee where applicable due to financial hardship. Further information regarding the review process and application can be found on the AAT's website or by contacting the Deputy Registrar in your Capital City. For those seeking further information on this decision or the documents relevant to it, applications can be made under the Freedom of Information Act 1982 (Cth) to access such documents. The Department of the Environment and Energy can be contacted for further information on this matter. The contact details are provided within the declaration, including the email address, telephone number, and the Director of the Wildlife Trade Assessments Section.