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, 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 30 September 2015 for the 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 such that the condition specified in the Schedule to that declaration are varied as follows:
In Condition 1, delete the words
“Unless otherwise amended or revoked, this declaration is valid until 5 March 2016.”
and replace with the words
“Unless otherwise amended or revoked, this declaration is valid until 3 June 2016.”
Dated this 3rd day of March 2016
………….…….……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.
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 Act was introduced to address the problem of unsustainable exploitation of natural resources, particularly wildlife, and to ensure that Australia met its international obligations under conventions such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act was enacted by the Parliament of Australia and aims to protect and manage the environment through a comprehensive regulatory framework that includes provisions for the approval and monitoring of wildlife trade operations. The policy objective of the Act is to ensure that biodiversity is conserved and that the trade in wildlife does not contribute to species endangerment or ecosystem degradation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide array of entities and activities, including individuals, companies, and government bodies, which are engaged in actions that may impact the environment or biodiversity in Australia. This includes the regulation of wildlife trade operations, as illustrated by the declaration of an approved wildlife trade operation for the Queensland East Coast Inshore Fin Fish Fishery. The Act extends its reach across the Commonwealth, ensuring a unified approach to environmental protection and biodiversity conservation that transcends state and territory boundaries. The declaration specifically pertains to the management regime under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994, illustrating its application to fisheries within the jurisdiction of Queensland. The Act also incorporates international obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), ensuring compliance with Australia’s commitments on a global scale. Additionally, the Act allows for the variation of conditions on approved wildlife trade operations through subordinate instruments, as demonstrated by the recent amendment to the validity of the declaration in question.
Key Provisions
The main operative sections of this declaration revolve around the alteration of the conditions of the approved wildlife trade operation for the Queensland East Coast Inshore Fin Fish Fishery (section 303FT(7)(b)). Specifically, the variation extends the validity period of the declaration from 5 March 2016 to 3 June 2016. This modification ensures that the conditions governing the operation continue to apply for a longer duration, allowing the fisheries to operate under the specified guidelines until the new expiration date.
The Act imposes specific obligations on the parties involved, primarily ensuring compliance with the altered conditions of the declaration. The fisheries operators must adhere to the management regime under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994, ensuring their activities are consistent with the terms of the declaration. This includes maintaining records and reporting any activities that may affect the sustainability and conservation of the species involved in the trade.
Failure to comply with the provisions of the EPBC Act or the specific conditions set out in the declaration can result in civil or criminal consequences. Under the Act, breaches of the approved wildlife trade operation conditions can lead to enforcement actions. The maximum penalties for contravening the Act include substantial fines and potential imprisonment, reflecting the seriousness with which wildlife conservation and trade regulations are enforced. The exact penalties depend on the nature and severity of the breach, but they underscore the importance of adhering to the specified guidelines to avoid legal repercussions.