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, having satisfied myself on the matters set out in section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), declare the operation that is specified in column 1 of Table 1, to be an approved wildlife trade operation under subsection 303FN (2) of the EPBC Act, but only to the extent the operation relates to the class of specimens specified in column 2 of Table 1.
Table 1
Operation | Class of Specimens |
Queensland East Coast Inshore Fin Fish Fishery, as defined in the management regime in force under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994 | Specimens that are, or are derived from, fish or invertebrates, other than: a) specimens that belong to species listed under Part 13 of the EPBC Act, and b) specimens that belong to taxa listed under section 303CA of the EPBC Act (Part 13A), except for scalloped hammerhead shark (Sphyrna lewini) smooth hammerhead (S. zygaena) and great hammerhead shark (S. mokarran). |
Unless amended or revoked, this declaration:
a) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 30th day of September 2015
………….…….……Paul Murphy……………….........
Delegate of the Minister for the Environment
Notes: 1. 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
reasons may be made in writing to the Department of the Environment 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.
2. Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non detriment finding for that species. Further information, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from htttp://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally -endangered-plants-and-animals-cites/how-export.
SCHEDULE
Declaration of the Harvest Operations of the Queensland East Coast Inshore Fin
Fish Fishery as an approved wildlife trade operation
ADDITIONAL PROVISIONS (section 303FT)
1. Unless otherwise amended or revoked, this declaration is valid until 5 March 2016.
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. This legislation was introduced to address the need for comprehensive environmental protection and biodiversity conservation in Australia, ensuring that the impacts of developments and activities are considered and managed effectively. Enacted by the Parliament of Australia, the EPBC Act aims to provide a framework for the protection and management of the environment, including wildlife trade, to ensure sustainable development and conservation of biodiversity. The declaration under this Act confirms the Queensland East Coast Inshore Fin Fish Fishery as an approved wildlife trade operation, subject to certain conditions to ensure compliance with environmental protection and conservation objectives.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, including biodiversity and heritage, and the regulation of certain activities that may impact them. This particular declaration by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as the Delegate of the Minister for the Environment, applies to the Queensland East Coast Inshore Fin Fish Fishery, as defined under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994. The declared operation is specifically for specimens derived from fish or invertebrates, with exceptions for specimens belonging to species listed under Part 13 of the EPBC Act and taxa listed under section 303CA of the EPBC Act, except for specified hammerhead sharks. The declaration is subject to the conditions outlined in the Schedule, which includes the application of section 303FT and its validity until 5 March 2016. This legislative declaration ensures that the specified fishery operations comply with the provisions of the EPBC Act, thereby facilitating the sustainable trade of wildlife while protecting endangered species and meeting Australia's obligations under CITES.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in this declaration include section 303FN, which allows the Minister for the Environment to declare an operation as an approved wildlife trade operation. Section 303FN (2) specifies that such a declaration is only applicable to the extent that the operation relates to a class of specimens. Additionally, section 303FT is referenced in the declaration, which pertains to the additional provisions that apply to the approved wildlife trade operation. The Schedule to the declaration provides specific conditions under which the approved wildlife trade operation is valid.
Under this Act, the obligations imposed on the parties or entities governed by it are to ensure that the operation complies with the specified conditions, and that any specimens involved do not include those belonging to species listed under Part 13 of the EPBC Act, nor taxa listed under section 303CA, except for certain hammerhead sharks. The operation must adhere to the conditions set out in the Schedule, which includes the timeframe for the validity of the declaration.
Should there be a breach of the provisions outlined in the Act, there could be various civil or criminal consequences. While specific offences and penalties are not detailed in the declaration itself, the Act generally provides for enforcement actions, including fines and imprisonment for serious breaches. The maximum penalties for offences under the EPBC Act can vary significantly depending on the nature and severity of the breach, and are detailed in other sections of the Act. It is important for parties involved in the approved wildlife trade operation to comply fully with the Act to avoid any potential penalties or consequences.