COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Queensland Department of Agriculture and Fisheries, public comments on the proposal as required under section 303FR and advice on the ecological sustainability of the operation. I am satisfied on those matters specified in section 303FN of the EPBC Act. I hereby declare the operations for the harvesting of specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the EPBC Act taken in the Queensland Coral Reef Fin Fish Fishery, as defined in the management regime for the fishery made under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008, to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d), for the purposes of the EPBC Act.
Unless amended or revoked, this declaration:
a) is valid until 6 March 2020 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 8th day of March 2017
………….…Paul Murphy………………………
Delegate of the Minister for the Environment and Energy
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy for the reasons for the decision.
An application for independent review of the decision (under section 303GJ (1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee by the applicant, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT’s website at http://www.aat.gov.au/ for further information.
You may make an application under the Freedom of Information Act 1982 (CT) to access documents relevant to this decision. For further information, please visit http://www.environment.gov.au/foi/index.html.
Further enquiries should be directed to the Director, Sustainable Fisheries Section, Department of the Environment and Energy, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.
SCHEDULE
Declaration of the Harvest Operations of the Queensland Coral Reef Fin Fish Fishery as an approved wildlife trade operation, March 2017
ADDITIONAL PROVISIONS (section 303FT)
Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the Queensland Coral Reef Fin Fish Fishery:
- Operation of the fishery will be carried out in accordance with the management regime under the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008.
2. The Queensland Department of Agriculture and Fisheries to inform the Department of any intended material changes to the Queensland Coral Reef Fin Fish Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
3. The Queensland Department of Agriculture and Fisheries to produce and present reports to the Department of the Environment and Energy annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
4. The Queensland Department of Agriculture and Fisheries to undertake a whole-of-fishery ecological risk assessment, including consideration of retained species, bycatch species, protected species and impacts on the environment.
5. The Queensland Department of Agriculture and Fisheries to continue to work with the Great Barrier Reef Marine Park Authority and other relevant agencies to develop a vessel monitoring system in the commercial sector of the Coral Reef Fin Fish Fishery.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the sustainable use of natural resources. The legislation aims to address the problem of biodiversity loss and ecosystem degradation by regulating activities that have, or are likely to have, a significant impact on the environment. The Act was introduced by the Parliament of Australia, with the policy objective of promoting the ecologically sustainable development and use of the nation’s natural resources. Under the EPBC Act, certain wildlife trade operations require approval to ensure they do not adversely impact the environment. This notifiable instrument declares the operations for the harvesting of fish and invertebrate specimens, excluding those of listed species, taken in the Queensland Coral Reef Fin Fish Fishery as an approved wildlife trade operation. This declaration is subject to specific conditions to ensure the sustainability of the fishery and to mitigate any potential environmental impacts.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operations of the Queensland Coral Reef Fin Fish Fishery, which involve the harvesting of specimens of fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act. This declaration, made under section 303FN of the Act, is applicable nationally within the Commonwealth of Australia. The declaration is subject to conditions specified in the Schedule, which includes adherence to the management regime outlined in the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008, as well as requirements for reporting and ecological risk assessments. The Queensland Department of Agriculture and Fisheries is responsible for complying with these conditions, ensuring that the operations do not adversely impact the ecological sustainability of the fishery. The declaration is in effect until 6 March 2020, unless otherwise amended or revoked. Any person adversely affected by the declaration may apply to the Department of the Environment and Energy for reasons for the decision, and may also seek an independent review through the Administrative Appeals Tribunal.
Key Provisions
The main operative sections of the declaration (sections 303FN and 303FT) allow the Minister for the Environment and Energy to approve wildlife trade operations that meet certain criteria. Section 303FN requires the Minister to consider the application, public comments, and advice on ecological sustainability before making a declaration. Section 303FT specifies the conditions that must be met for the operation to be approved, including compliance with the management regime under the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008. The declaration is valid until 6 March 2020 and is subject to the conditions in the Schedule.
The Act imposes several obligations on the parties involved. The Queensland Department of Agriculture and Fisheries must inform the Department of the Environment and Energy of any intended material changes to the management arrangements that may affect the ecological sustainability assessment. They must also produce and present annual reports according to Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. Additionally, they are required to undertake a whole-of-fishery ecological risk assessment and collaborate with the Great Barrier Reef Marine Park Authority and other agencies to develop a vessel monitoring system.
Failure to comply with the conditions set out in the declaration may result in civil or criminal consequences. The specific penalties for breaches are not detailed in the declaration, but under the EPBC Act, breaches can result in substantial fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant provisions in other legislation. Persons affected by the declaration have the right to apply for reasons for the decision within 28 days and may seek an independent review through the Administrative Appeals Tribunal. Additionally, individuals can apply under the Freedom of Information Act 1982 to access documents related to the decision.