Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for a comprehensive framework for the protection of the environment, particularly biodiversity, and to ensure that development and other activities do not significantly harm the environment. The EPBC Act provides a mechanism for the assessment and approval of activities that may have a significant impact on matters of national environmental significance. The declaration of an approved wildlife trade operation under the EPBC Act is an important mechanism to ensure that wildlife trade activities are conducted in an ecologically sustainable manner. This declaration, made by the Delegate of the Minister for the Environment and Energy, recognises the Queensland Finfish (Stout Whiting) Trawl Fishery as an approved wildlife trade operation, subject to certain conditions aimed at ensuring the ecological sustainability of the fishery. These conditions include adherence to the management regime under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008, as well as the requirement for the Queensland Department of Agriculture and Fisheries to monitor and report on the ecological impacts of the fishery.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the harvesting operations of the Queensland Finfish (Stout Whiting) Trawl Fishery as an approved wildlife trade operation. This declaration pertains to the operations involved in the harvesting of specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act and taxa listed under section 303CA of the EPBC Act (Part 13A). The declaration is made by the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, as a delegate of the Minister for the Environment and Energy, following a review of the application from the Queensland Department of Agriculture and Fisheries and ecological sustainability advice. The declaration is valid until 14 February 2020 and is subject to specific conditions outlined in the Schedule, including compliance with the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008, regular reporting to the Department of the Environment and Energy, the completion of an ecological risk assessment, and the mitigation of any unacceptable risks identified. This legislative measure ensures that the operations of the Queensland Finfish (Stout Whiting) Trawl Fishery are ecologically sustainable and comply with national environmental standards.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes provisions for the declaration of approved wildlife trade operations, as demonstrated in the notifiable instrument (F2017N00011). The key operative sections here are sections 303FN and 303FT. Section 303FN allows the Minister or a delegate to declare an operation as an approved wildlife trade operation if satisfied with the application and the ecological sustainability of the operation. Section 303FT specifies the conditions under which such an operation can be approved. In this case, the operations for the harvesting of fish and invertebrate specimens, excluding those of listed species, from the Queensland Finfish (Stout Whiting) Trawl Fishery have been declared as an approved wildlife trade operation under subsection 303FN(2) and paragraph 303FN(10)(d). The declaration is subject to the conditions outlined in section 303FT and is valid until 14 February 2020. The obligations imposed by this declaration on the parties involved, primarily the Queensland Department of Agriculture and Fisheries, are several. They must adhere to the management regime under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008 (Schedule, condition 1). Additionally, they must inform the Department of the Environment and Energy of any material changes to the management arrangements that could affect the ecological sustainability assessment (Schedule, condition 2). Annual reporting to the Department of the Environment and Energy is also required, as per Appendix B of the ‘Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition’ (Schedule, condition 3). Furthermore, an ecological risk assessment examining the fishery's risks to target, byproduct, and bycatch species, and the ecosystem, must be developed, finalised, and made public (Schedule, condition 4). Unacceptable risks identified by mid-2019 must be mitigated (Schedule, condition 5), and a statistically robust validation program must be implemented to collect data on target, byproduct, and bycatch species, including protected species (Schedule, condition 6). Failure to comply with the conditions set out in section 303FT of the EPBC Act may result in legal consequences. However, the specific offences, penalties, or civil/criminal consequences for breach are not detailed in the provided text. Generally, under the EPBC Act, breaches may lead to enforcement actions by the Minister or the delegate, which could include administrative penalties or legal proceedings. The exact penalties depend on the nature and severity of the breach and could potentially include fines and other sanctions as prescribed by the Act or relevant regulations.