COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, JOANNE NATHAN, A/g Assistant Secretary, Marine Biodiversity and Biosecurity Branch, as Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from Fisheries Queensland, 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 Fisheries (Coral Reef Fin Fish) Management Plan 2003 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 May 2016 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 12 day of June 2013
…………………………Joanne Nathan…………………………
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.
SCHEDULE
Declaration of the Harvest Operations of the Queensland Coral Reef Fin Fish Fishery as an approved wildlife trade operation, June 2013
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 Queensland Coral Reef Fin Fish Fishery will be carried out in accordance with the Queensland Fisheries (Coral Reef Fin Fish) Management Plan 2003 in force under the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008.
- Fisheries Queensland to advise the Department of Sustainability, Environment, Water, Population and Communities of any intended material change to the Coral Reef Fin Fish Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
- Fisheries Queensland to produce and present reports to the Department of Sustainability, Environment, Water, Population and Communities annually as per Appendix B to the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.
- Fisheries Queensland, taking into consideration the outputs of the coral trout stock assessment and in consultation with the department and relevant stakeholders, to review the Performance Measurement System for the Coral Reef Fin Fish Fishery within twelve months of the delivery of the final stock assessment report.
- Fisheries Queensland to ensure that, based on stock indicators, appropriate management actions are implemented to ensure the ongoing sustainability of target stocks.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework that integrates environmental protection with biodiversity conservation. The EPBC Act was introduced by the Australian Parliament to provide for the protection of the environment, particularly matters of national environmental significance, and to establish a framework for the sustainable use of Australia's biodiversity. The policy objective of the Act is to ensure the protection of the environment and biodiversity through the regulation of activities that may have a significant impact on the environment. In June 2013, Joanne Nathan, acting as the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, declared the operations for the harvesting of fish and invertebrate specimens, excluding those of species listed under Part 13 of the EPBC Act, taken in the Queensland Coral Reef Fin Fish Fishery to be an approved wildlife trade operation. This declaration was made under section 303FN of the EPBC Act, subject to specific conditions outlined in the Schedule to ensure the ecological sustainability of the operations.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operations of harvesting specimens, specifically fish or invertebrates, that are not listed under Part 13 of the EPBC Act, as conducted by Fisheries Queensland within the Queensland Coral Reef Fin Fish Fishery. This declaration extends to operations defined in the Fisheries (Coral Reef Fin Fish) Management Plan 2003, which is enacted under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008. The geographic reach of this Act is national, as it is a Commonwealth legislation, and it impacts entities involved in wildlife trade operations within Australia. The declared operation is subject to specific conditions outlined in the Schedule, including adherence to the Queensland Fisheries Management Plan and the requirement for Fisheries Queensland to report on any material changes to the fishery management arrangements, produce annual reports, review the Performance Measurement System, and implement management actions based on stock indicators. This declaration is valid until 6 May 2016 and is subject to review and potential amendment or revocation as per the EPBC Act provisions.
Key Provisions
The main operative sections of this legislation pertain to the declaration of the Queensland Coral Reef Fin Fish Fishery as an approved wildlife trade operation under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This declaration is made by Joanne Nathan, the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, who is satisfied with the application and relevant advice regarding the ecological sustainability of the operation. The declaration is valid until 6 May 2016 and is subject to conditions specified in the Schedule, such as adherence to the Queensland Fisheries (Coral Reef Fin Fish) Management Plan 2003, reporting requirements, and review of the Performance Measurement System for the fishery.
The Act imposes several obligations on the parties involved. Fisheries Queensland is required to comply with the Queensland Fisheries (Coral Reef Fin Fish) Management Plan 2003, as well as notify the Department of Sustainability, Environment, Water, Population and Communities of any significant changes to the management arrangements of the fishery. Furthermore, Fisheries Queensland must produce annual reports as per the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition and review the Performance Measurement System for the fishery within twelve months of the final stock assessment report. This review must take into account the outputs of the coral trout stock assessment and involve consultation with the department and relevant stakeholders. Additionally, Fisheries Queensland must ensure that appropriate management actions are implemented to maintain the sustainability of target fish stocks.
The legislation does not explicitly outline offences, penalties, or civil/criminal consequences for breaches of its provisions. However, given that the Environment Protection and Biodiversity Conservation Act 1999 is a comprehensive environmental protection statute, any failure to comply with its requirements or the conditions of the approved wildlife trade operation declaration could potentially result in administrative, civil, or criminal penalties under the broader Act. The Minister, through the Department, has the authority to enforce compliance with the Act and may take appropriate action against non-compliance, including but not limited to fines, suspension, or revocation of the approved wildlife trade operation declaration.