COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, GEOFF RICHARDSON, Assistant Secretary, Marine Biodiversity and Biosecurity Branch, as Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, 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 4, delete the words
“By 31 December 2012, Fisheries Queensland, in consultation with Australia’s CITES Scientific Authority for Marine Species (Department of Sustainability, Environment, Water, Population and Communities) to review and update the vulnerability assessment of coral taxa collected in the Queensland Coral Fishery to include new and emerging target species/species groups, with particular reference to taxa that are listed on Appendix II of CITES”
and replace with the words
“By 12 April 2013, Fisheries Queensland, in consultation with Australia’s CITES Scientific Authority for Marine Species (Department of Sustainability, Environment, Water, Population and Communities) to review and update the vulnerability assessment of coral taxa collected in the Queensland Coral Fishery to include new and emerging target species/species groups, with particular reference to taxa that are listed on Appendix II of CITES”.
Dated this 19 day of December 2012
………………………Geoff Richardson………………………
Delegate of the Minister for Sustainability, Environment, Water, Population and Communities
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 address the problem of protecting Australia's biodiversity and managing environmental impacts, particularly those associated with developments that may have significant consequences on the environment. The Act provides a framework for the protection of the environment, heritage, and biodiversity by regulating activities that may have a substantial impact on matters of national environmental significance. The EPBC Act was enacted by the Commonwealth Parliament with the policy objective of ensuring that Australia's unique natural resources are conserved and managed sustainably for the benefit of current and future generations. The legislative declaration in question pertains to the variation of conditions for an approved wildlife trade operation for the Queensland Coral Fishery, reflecting an updated approach to managing and assessing the vulnerability of coral taxa collected in the fishery, specifically with reference to taxa listed on Appendix II of CITES.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any person, entity, industry, conduct, or transactions that may affect matters of national environmental significance, including wildlife trade operations. The Act has a broad jurisdictional reach, applying across the Commonwealth of Australia and extending to territories and external territories. This particular declaration concerns an approved wildlife trade operation, specifically the Queensland Coral Fishery as defined under the Queensland Fisheries Regulations 2008 and the Queensland Fisheries Act 1994. The Act allows for the extension or restriction of its application through subordinate instruments, such as the varying of conditions for approved wildlife trade operations. The declaration in question modifies the conditions for the Queensland Coral Fishery, specifically extending the deadline for reviewing and updating the vulnerability assessment of coral taxa collected in the fishery. Exclusions, exemptions, or thresholds specific to this declaration are not detailed in the text, but the Act generally provides for such provisions to be outlined in subordinate legislation or specific conditions set for approved operations.
Key Provisions
The main operative sections of the EPBC Act that are relevant here are sections 303FT and 303FT(7), which pertain to the declaration and variation of approved wildlife trade operations. In this case, the declaration of an approved wildlife trade operation for the Queensland Coral Fishery has been varied, specifically altering the conditions set out in Schedule 2 to the original declaration dated 27 June 2012. The change involves extending the deadline for Fisheries Queensland to review and update the vulnerability assessment of coral taxa collected in the Queensland Coral Fishery to 12 April 2013, in consultation with Australia's CITES Scientific Authority for Marine Species.
The obligations imposed by the Act on the parties or entities it governs include the requirement for Fisheries Queensland to conduct a thorough review and update of the vulnerability assessment of coral taxa. This assessment must now be completed by 12 April 2013 and should include new and emerging target species or species groups, with particular attention to taxa listed on Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This ensures that the management and conservation efforts are current and aligned with international standards and obligations.
The legislation also outlines specific timelines and consultation processes that must be adhered to. Any failure to meet these obligations could result in legal consequences. Under section 474 of the EPBC Act, an individual or entity that contravenes any provision of the Act may be subject to criminal penalties. For corporations, the maximum penalty is $210,000, while for individuals, the maximum penalty is $21,000. Additionally, breaches of the Act may also result in civil penalties, which can include significant fines. These penalties are intended to enforce compliance and ensure the protection of biodiversity and endangered species.