Declaration of an Approved Wildlife Trade Operation - Queensland Coral Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Commonwealth Parliament to provide for the protection of the environment, particularly in relation to matters of national environmental significance, and to facilitate the conservation of biodiversity. This Act was introduced to address the growing need for a comprehensive framework that could integrate and streamline environmental protection and biodiversity conservation measures across Australia, thereby ensuring that development and other activities do not adversely impact the environment or biodiversity. The policy objective, as stated in the Act, is to provide for the protection and management of the environment and biodiversity, both within Australia and its territorial waters, recognising the importance of sustainable development and the precautionary principle. This legislative instrument, as declared by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, on behalf of the Minister for the Environment, pertains to the modification of conditions for an approved wildlife trade operation within the Queensland Coral Fishery. The amendment extends the deadline for reviewing and updating the performance measurement system, reflecting a shift in focus towards ensuring that management responses are adequately aligned with international obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This adjustment aims to enhance the effectiveness of the monitoring and management frameworks in place, ensuring they remain robust and responsive to the dynamic needs of biodiversity conservation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any person, entity, industry, or conduct that may impact on matters of national environmental significance as designated by the Act, including migratory species, their habitats, and declared threatened species and ecological communities. The Act's jurisdiction extends across the Commonwealth of Australia, providing a unified national framework for environmental protection and biodiversity conservation. The geographic reach of the Act is national, encompassing all territories and states within Australia. The Act may include exclusions or exemptions based on specific criteria or thresholds outlined in the legislation or subsidiary instruments, which can further define its application. In this case, the declaration of an approved wildlife trade operation specifically pertains to the Queensland Coral Fishery, subject to conditions set forth under the Queensland Fisheries Regulations 2008 and the Queensland Fisheries Act 1994. The application of the Act can be extended or restricted through subordinate instruments, allowing for detailed regulatory measures to be implemented as necessary.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) that are relevant to this declaration pertain to the approval and regulation of wildlife trade operations. Specifically, the declaration varies Condition 6 of the approved wildlife trade operation for the Queensland Coral Fishery, as originally set out on 27 June 2012, under section 303FT(7)(b) of the Act. The variation, detailed in Schedule 2, modifies the timeframe for Fisheries Queensland to review and update the performance measurement system, extending the deadline from 1 July 2014 to 26 June 2015. This modification is intended to ensure that the performance measures and management responses continue to be relevant and effective, particularly in relation to taxa listed on Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The obligations and requirements imposed by this declaration on the parties involved, primarily Fisheries Queensland, are to undertake a review and update of the performance measurement system for the Queensland Coral Fishery. This review must be conducted in consultation with and approved by Australia’s CITES Scientific Authority for marine species, which is the Department of Sustainability, Environment, Water, Population and Communities. The new condition mandates that this review must be completed by 26 June 2015, which extends the previous deadline by one year. The purpose of this requirement is to ensure that the management practices align with international standards and to maintain the integrity of the fishery in terms of biodiversity conservation and sustainable use of marine resources. In terms of consequences for non-compliance, the EPBC Act does not explicitly state penalties for failing to meet the conditions set out in this declaration. However, breaches of the conditions could potentially lead to enforcement actions under the general provisions of the Act. For example, significant non-compliance with the Act’s objectives or failure to meet the conditions of an approved wildlife trade operation could result in administrative penalties, legal action, or the suspension or revocation of the operation's approval. The maximum penalties for breaches of the EPBC Act can be severe, including substantial fines and, in some cases, imprisonment for individuals. The specific penalties would depend on the nature and severity of the breach and would be determined by a court or tribunal following an investigation and legal proceedings.