Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive approach to the protection and management of Australia's environment and biodiversity. This Act provides a framework for the protection of matters of national environmental significance, including ecosystems, species, and heritage places that are of environmental importance. The EPBC Act was introduced by the Commonwealth Parliament with the policy objective of ensuring that the federal government has the capacity to address environmental issues of national and international significance. In 2016, a declaration under the EPBC Act was made to approve certain wildlife trade operations, specifically the harvesting of fish and invertebrate specimens in the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery, subject to certain conditions aimed at ensuring the ecological sustainability of these operations. This declaration was made by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as the delegate of the Minister for the Environment and Energy, following consideration of the application, public comments, and advice on the ecological sustainability of the proposed operations. The operations are approved under the EPBC Act, contingent on compliance with the specified conditions that govern their implementation, and are valid until 22 November 2019. Affected parties have the right to seek reasons for the decision and apply for an independent review if they believe the decision was erroneous or unjust. Furthermore, individuals can request access to documents related to this decision under the Freedom of Information Act 1982.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the harvesting operations for fish and invertebrate specimens in the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery. This legislation ensures that these operations are conducted in a manner that aligns with the ecological sustainability principles set forth under the EPBC Act, excluding species listed under Part 13 of the Act. The declaration is issued by the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, acting as a delegate of the Minister for the Environment and Energy, and is valid until 22 November 2019, subject to specific conditions outlined in the Schedule. These conditions require the Queensland Department of Agriculture and Fisheries to adhere to the management regime established under the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008, notify the Department of any material changes to the fishery management arrangements, and submit annual reports as per the guidelines for the ecologically sustainable management of fisheries. The decision is subject to review by affected parties and can be appealed to the Administrative Appeals Tribunal within 28 days of the decision or receipt of reasons for the decision. Additionally, information regarding the decision can be accessed under the Freedom of Information Act 1982.

Key Provisions

The key provisions of this legislation declare the operations for the harvesting of specimens that are, or are derived from, fish or invertebrates, other than those species listed under Part 13 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery, as an approved wildlife trade operation (section 303FN(2), paragraph 303FN(10)(d)). This declaration (section 303FN) is made by Paul Murphy, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as the Delegate of the Minister for the Environment and Energy. The operations are declared under the authority of the EPBC Act, and unless amended or revoked, the declaration remains valid until 22 November 2019 and is subject to the conditions outlined in section 303FT of the Schedule. The obligations imposed on the parties governed by this Act include adherence to the management regime outlined in the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008 (section 303FT(1)). The Queensland Department of Agriculture and Fisheries is required to inform the Department of the Environment and Energy of any intended material changes to the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery management arrangements that may impact the ecological sustainability assessment (section 303FT(2)). Additionally, the Queensland Department of Agriculture and Fisheries must produce and present reports to the Department annually, in accordance with Appendix B of the ‘Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition’ (section 303FT(3)). They are also mandated to work with the industry to develop and implement a statistically robust validation program to collect information on target, byproduct, and bycatch species (section 303FT(4)). Breach of the conditions outlined in section 303FT of the Schedule could lead to civil and criminal consequences under the EPBC Act. While the specific penalties are not detailed in the provided text, violations of the EPBC Act generally attract substantial fines and potential imprisonment. The maximum penalties for breaches can vary depending on the specific offence, but they are intended to enforce compliance with the ecological sustainability and management requirements of the Act. Parties affected by the declaration have the right to seek reasons for the decision from the Department of the Environment and Energy within 28 days and may also apply for an independent review by the Administrative Appeals Tribunal within the same timeframe or upon receipt of the reasons for the decision.