Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This includes the conservation of biodiversity and the protection of threatened species and ecological communities. The Act was introduced to address the problem of inadequate biodiversity conservation and the unsustainable use of natural resources, aligning Australia's obligations under various international agreements with its domestic legal framework. The policy objective of the Act is to ensure that biodiversity conservation and sustainable use of natural resources are integrated into decision-making processes. The declaration of an approved wildlife trade operation, such as the Queensland East Coast Otter Trawl Fishery, is made by a delegate of the Minister for the Environment and Energy, ensuring that the operation complies with the requirements of the Act and does not have unacceptable impacts on matters of national environmental significance.

Scope and Application

The declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies specifically to the Queensland East Coast Otter Trawl Fishery, detailing its status as an approved wildlife trade operation. This operation is limited to the class of specimens defined in the Fisheries (East Coast Trawl) Management Plan 2010, which includes fish and invertebrates, excluding marine species listed under Part 13 of the EPBC Act (except those in the conservation dependent category) and taxa listed under section 303CA of the EPBC Act (Australia’s CITES list). The declaration, made by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, on behalf of the Minister for the Environment and Energy, ensures compliance with the EPBC Act for the specified specimens. The jurisdictional reach of this declaration is national, as it pertains to a Commonwealth Act, and it applies to the industry and conduct of the named fishery within the specified parameters. Any person or entity involved in the specified operations of the Queensland East Coast Otter Trawl Fishery must adhere to the conditions set out in the Schedule of the declaration, which includes provisions for the duration and applicability of the approval until 30 March 2018. Affected parties have the right to seek reasons for the decision or apply for an independent review within the stipulated timeframes.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999, in relation to the declaration of an approved wildlife trade operation, are sections 303FN and 303FT. Section 303FN allows the Minister for the Environment and Energy to declare an operation as an approved wildlife trade operation if the delegate is satisfied that the operation meets the requirements set out in the Act. Section 303FT specifies the additional provisions that may be applied to the operation, including conditions and monitoring requirements. The current declaration, made by Paul Murphy on behalf of the Minister, specifies the Queensland East Coast Otter Trawl Fishery as an approved wildlife trade operation, subject to certain conditions and limitations. The obligations and requirements imposed by the Act on the parties involved in the wildlife trade operation include compliance with the specified conditions and monitoring requirements outlined in the Schedule to the declaration. The Queensland Department of Agriculture and Fisheries, as the operator of the fishery, must ensure that the operation adheres to the approved methods and practices for handling and trading the specified specimens. This includes compliance with any additional provisions or conditions that may be imposed by the Minister, such as restrictions on the types of specimens that can be traded or the methods used for their capture and transport. Failure to comply with the requirements of the Act, including the conditions and monitoring requirements specified in the declaration, may result in civil or criminal consequences. Under section 487 of the Act, a person who contravenes a condition or requirement imposed by the Minister may be liable to a civil penalty of up to $50,000 for each contravention. In more serious cases, criminal penalties may apply, including fines of up to $275,000 for individuals and $1.375 million for bodies corporate, as well as imprisonment for up to five years. These penalties are intended to deter non-compliance and ensure that the wildlife trade operation is conducted in a manner that is consistent with the objectives of the Act. In summary, the declaration made under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 specifies the Queensland East Coast Otter Trawl Fishery as an approved wildlife trade operation, subject to certain conditions and limitations. The Act imposes obligations on the operator of the fishery to comply with the specified conditions and monitoring requirements, and failure to do so may result in civil or criminal penalties. The maximum civil penalty for non-compliance is $50,000 per contravention, while criminal penalties may include fines of up to $275,000 for individuals and $1.375 million for bodies corporate, as well as imprisonment for up to five years.