Declaration of an Approved Wildlife Trade Operation - Queensland East Coast Inshore Fin Fish Fishery (Variation)

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. The Act was introduced to address the need for a comprehensive framework to manage activities that may have significant environmental impacts, particularly those that could affect the nation's biodiversity and ecosystems. The Act is administered by the Parliament of Australia, aiming to balance economic development with environmental protection. This specific variation to the declaration of an approved wildlife trade operation for the Queensland East Coast Inshore Fin Fish Fishery under the EPBC Act seeks to ensure that the fishery's operations align with ecologically sustainable practices, including improved monitoring, stakeholder consultation, and data collection to protect marine biodiversity and ensure long-term sustainability.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to activities that may have a significant impact on matters of national environmental significance, as identified in the Act. This includes actions related to wildlife trade operations, particularly those involving species and habitats protected under Australian and international laws. The Act applies to persons and entities involved in wildlife trade operations, including those conducting business in Australia, regardless of their location. The geographic reach of the Act is national, covering all areas within Australia, and its application extends to both Commonwealth and state jurisdictions. The Act does not specify exclusions or thresholds but provides for exemptions through subordinate instruments, which can be issued by the Minister to exclude certain activities from the need for approval if they are deemed to have minimal environmental impact. The Act allows for its scope to be extended or restricted through the issuance of regulations, which can provide further detail on the operation and management of wildlife trade operations.

Key Provisions

The key provisions of this legislative instrument are outlined in the Schedule, which specifies the conditions for the operation of the Queensland East Coast Inshore Fin Fish Fishery under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, the amended declaration (Schedule) provides detailed conditions that the Queensland Department of Agriculture and Fisheries must adhere to. These include operating the fishery in accordance with the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008 (Condition 1), notifying the Department of the Environment and Energy of any material changes to the management arrangements (Condition 2), and producing annual reports following the guidelines for the Ecologically Sustainable Management of Fisheries (Condition 3). Furthermore, the declaration mandates the development of a strategy for the sustainable harvest of key fish and shark species (Condition 4), the establishment of a robust data collection and validation approach (Condition 5), and the implementation of measures to assist fishers in accurately identifying and recording sharks (Condition 6). Lastly, it requires ongoing biological monitoring and reporting on the stock status of certain species (Condition 7), with the declaration remaining in effect until 28 September 2018 (Condition 8). The obligations imposed on the Queensland Department of Agriculture and Fisheries by this Act include strict adherence to the conditions specified in the amended declaration. This includes ensuring that the operation of the fishery complies with the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008, as well as promptly informing the Department of the Environment and Energy of any significant changes to the fishery's management arrangements. Additionally, the Department is required to produce annual reports detailing the fishery's operations in line with the guidelines for the Ecologically Sustainable Management of Fisheries. The Department must also develop a comprehensive strategy for the sustainable harvest of key fish and shark species, including the establishment of decision rules and reference points that trigger management actions. Furthermore, it must work with stakeholders to enhance data collection and validation, improve the accuracy of shark identification and recording, and continuously monitor and report on the stock status of certain species. Under the EPBC Act, breaches of the conditions set out in the amended declaration can result in serious consequences. While the specific offences and penalties are not detailed in the text provided, the Act generally includes provisions for both civil and criminal penalties for non-compliance. Civil penalties can include fines, while criminal penalties may include imprisonment, depending on the severity and nature of the breach. The maximum penalties are not specified in the text but can be found in the relevant sections of the EPBC Act. It is important for the Queensland Department of Agriculture and Fisheries to comply fully with the conditions to avoid potential legal repercussions.