Declaration of an Approved Wildlife Trade Operation – Queensland East Coast Inshore Fin Fish Fishery, December 2018

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2018N00186 In force Notifiable Instrument

Legislation content

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – QUEENSLAND EAST COAST INSHORE FIN FISH FisherY, DECEMBER 2018

 

I, Paul Murphy, 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 26 September 2018, for the Queensland East Coast Inshore Fin Fish Fishery as defined in the management regime in force under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulations 2008, such that the condition specified in the Schedule to that declaration is varied as follows:

In Condition 1, delete the words:

“1. Unless otherwise amended or revoked, this declaration is valid until 14 December 2018, to allow for the Department’s assessment of the fishery, for a longer term wildlife trade operation approval period, to be finalised.”

and replace with the words:

“1. Unless otherwise amended or revoked, this declaration is valid until 28 February 2019, to allow for the Department’s assessment of the fishery, for a longer term wildlife trade operation approval period, to be finalised.”

In Condition 5, delete the words:

“5. The Queensland Department of Agriculture and Fisheries to continue to develop a strategy for the harvest of key fish and shark species taken in the Queensland East Coast Inshore Fin Fish Fishery in consultation with relevant experts and stakeholders. The strategy should include decision rules and reference points that trigger management actions to ensure catch limits remain ecologically sustainable. Performance against this strategy to be included in annual reports specified at Condition 3.”

and replace with the words:

“5. The Queensland Department of Agriculture and Fisheries to continue to develop a strategy for the harvest of key fish and shark species taken in the Queensland East Coast Inshore Fin Fish Fishery in consultation with relevant experts and stakeholders. The strategy should include decision rules and reference points that trigger management actions to ensure catch limits remain ecologically sustainable. Performance against this strategy to be included in annual reports specified at Condition 4.”

In Condition 6, delete the words:

“6. The Queensland Department of Agriculture and Fisheries to continue to develop an improved data collection and validation approach that supports the strategy outlined in Condition 4, and facilitates monitoring and management of all target, bycatch and protected species impacted by the fishery.”

and replace with the words:

“6. The Queensland Department of Agriculture and Fisheries to continue to develop an improved data collection and validation approach that supports the strategy outlined in Condition 5, and facilitates monitoring and management of all target, bycatch and protected species impacted by the fishery.”

 

 

 

Dated this 12th day of December 2018

 

 

 

 

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 and Energy 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, Wildlife Trade Assessments 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.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address environmental protection and biodiversity conservation issues in Australia. The Act aims to provide for the protection of the environment, particularly matters of national environmental significance, and to support sustainable development. This legislation was introduced by the Parliament of Australia to ensure that federal environmental responsibilities are effectively managed and integrated into decision-making processes. In the context of wildlife trade operations, the EPBC Act seeks to balance environmental protection with the sustainable use of biological resources, ensuring that Australia's international obligations under conventions such as CITES are met. The policy objective is to maintain and enhance Australia's biodiversity while facilitating responsible trade and use of wildlife resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by this notifiable instrument, applies to the wildlife trade operation of the Queensland East Coast Inshore Fin Fish Fishery, which is overseen by the Queensland Department of Agriculture and Fisheries. This legislation is of national reach, administered by the Commonwealth government, and pertains to the management and sustainability of marine species harvested within this specific fishery. The declaration primarily modifies the approval period for the fishery's operation, extending it to ensure a comprehensive assessment by the Department. Additionally, it refines the conditions under which the Queensland Department of Agriculture and Fisheries must operate, including the development of strategies for managing key fish and shark species and enhancing data collection to support these strategies. Notably, the declaration does not specify any exclusions or exemptions but relies on the overarching provisions of the EPBC Act, which includes obligations under CITES for species listed in Appendix II. The application of this Act can be further defined or restricted through subordinate instruments, ensuring compliance with both national and international standards for wildlife trade and conservation.

Key Provisions

The operative sections of this declaration (paragraph 303FT(7)(b) of the EPBC Act) involve modifying the declaration for an approved wildlife trade operation, specifically for the Queensland East Coast Inshore Fin Fish Fishery. The primary changes include extending the validity period of the declaration from 14 December 2018 to 28 February 2019 (Condition 1), and updating references to conditions within the declaration to reflect the new structure (Conditions 5 and 6). These modifications aim to allow more time for the Department’s assessment and to ensure that the conditions remain aligned with the overall objectives of the declaration. The obligations imposed by this Act on the parties involved, particularly the Queensland Department of Agriculture and Fisheries, include the continued development of a strategy for the sustainable harvest of key fish and shark species (Condition 5) and an improved data collection and validation approach to support this strategy (Condition 6). The department must consult with relevant experts and stakeholders to ensure that the strategy incorporates decision rules and reference points that maintain ecologically sustainable catch limits. Performance against these strategies must be included in the annual reports as specified in Condition 4. Failure to comply with the conditions outlined in the declaration could result in legal consequences. While specific offences and penalties are not detailed in the text, breaches of conditions under the EPBC Act can lead to enforcement actions by the Department of the Environment and Energy, potentially including fines or other penalties as prescribed by law. Additionally, the declaration notes that affected parties may seek a statement of reasons or independent review under the Administrative Appeals Tribunal Act 1975 within 28 days of the date of the declaration. This provides a mechanism for challenging the decision if it adversely affects their interests.

Legal classification tags

Area of Law
Environmental Law
International Trade Law
Instrument
Notifiable instrument
Concepts
Reporting & Disclosure Obligations
Regulatory Standards
Compliance Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.