COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, NATHAN HANNA, Acting Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, hereby vary under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the declaration of an approved wildlife trade operation dated 27 June 2012 for the Queensland Coral Fishery as defined under the Queensland Fisheries Regulations 2008 and the Queensland Fisheries Act 1994 such that the conditions specified in Schedule 2 to that declaration are varied as follows:
in Condition 6, delete the words
“By 31 December 2013, Fisheries Queensland, in consultation with and for the approval of Australia’s CITES Scientific Authority for marine species (Department of Sustainability, Environment, Water, Population and Communities) to review and update the performance measurement system for the Queensland Coral Fishery, with particular reference to performance measures and management responses relating to taxa listed on Appendix II of CITES.”
and replace with the words
“By 1 July 2014, Fisheries Queensland, in consultation with and for the approval of Australia’s CITES Scientific Authority for marine species (Department of Sustainability, Environment, Water, Population and Communities) to review and update the performance measurement system for the Queensland Coral Fishery, with particular reference to performance measures and management responses relating to taxa listed on Appendix II of CITES”.
Dated this 17th day of January 2014
………….…….………N.Hanna………………………
Delegate of the Minister for the Environment
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 reason may be made in writing to Department of Sustainability, Environment, Water, Population and Communities 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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to support sustainable development by minimising the impact of proposed actions on the environment. This legislation was introduced to address the gap in comprehensive environmental protection and management, especially concerning biodiversity and ecosystems that are of national and global importance. The Act is administered by the Australian Parliament, with its primary policy objective being to safeguard and conserve the nation's biodiversity and to promote the sustainable use of natural resources. This particular gazette amends the declaration of an approved wildlife trade operation concerning the Queensland Coral Fishery, adjusting specific conditions to enhance the management and monitoring framework in line with international standards set by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad spectrum of activities, persons, and entities that have the potential to impact Australia's biodiversity and environment. This Act encompasses matters of national environmental significance, including the trade of wildlife, and is administered by the Commonwealth of Australia. Specifically, the Act applies to operations involving wildlife trade, and in this case, it concerns the Queensland Coral Fishery. The Act's jurisdictional reach extends to both federal and state levels, integrating with state regulations such as the Queensland Fisheries Regulations 2008 and the Queensland Fisheries Act 1994. The Act includes mechanisms for varying and updating operational conditions through subordinate instruments, as demonstrated in the recent variation of the approved wildlife trade operation for the Queensland Coral Fishery. This variation modifies the conditions related to the performance measurement system for the fishery, focusing on taxa listed on Appendix II of CITES, thereby ensuring compliance with international conservation standards. Exclusions or exemptions from the Act are not explicitly mentioned in this gazette but may be detailed in the overarching provisions of the EPBC Act or related subordinate legislation.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the primary legislation governing environmental protection and biodiversity conservation in Australia. Under this Act, the Minister for the Environment has delegated authority to officials such as Nathan Hanna, who, as Acting Assistant Secretary, Wildlife Trade and Biosecurity Branch, has made a variation to a declaration of an approved wildlife trade operation (Section 303FT). Specifically, the declaration concerning the Queensland Coral Fishery, which was initially set out on 27 June 2012, has been amended to alter a condition related to the review and update of the performance measurement system (Schedule 2, Condition 6). This change extends the deadline for the review from 31 December 2013 to 1 July 2014.
Entities and parties governed by this Act, such as Fisheries Queensland, are now required to consult with and seek approval from Australia’s CITES Scientific Authority for marine species (Department of Sustainability, Environment, Water, Population and Communities) when reviewing and updating the performance measurement system. This requirement is intended to ensure that management responses effectively address conservation concerns related to taxa listed on Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). By consulting with the relevant authority, Fisheries Queensland and other entities must ensure that their management strategies are scientifically sound and aligned with international conservation standards.
Failure to comply with the conditions specified in the declaration can lead to serious consequences. The Act imposes obligations on the entities involved to adhere to the timelines and procedural requirements set forth. Any breach of these conditions could result in legal action, including the potential for enforcement action by the Minister for the Environment or other authorised officers. The Act does not specify maximum penalties for breaches in this context, but breaches of environmental laws can generally lead to significant fines, legal costs, and reputational damage. Additionally, persistent non-compliance could result in more stringent regulatory measures or even the revocation of approval for the wildlife trade operation.