Declaration of an Approved Wildlife Trade Operation – Queensland Gulf of Carpentaria Inshore Fin Fish Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. The Act was introduced by the Commonwealth Parliament to ensure that federal environmental responsibilities are effectively managed and integrated with other areas of federal responsibility. The policy objective of the Act is to protect and manage the environment, particularly by preventing significant impacts on matters of national environmental significance. The Act provides a framework for the assessment and approval of activities that may have a significant environmental impact, including the regulation of wildlife trade. In this context, the Act seeks to balance economic activities with the need to conserve biodiversity and protect the environment. This legislation declares the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery as an approved wildlife trade operation under the EPBC Act, specifically relating to fish and invertebrate specimens excluding those listed under certain sections of the Act. This declaration ensures that the fishery complies with the requirements of the EPBC Act, with specific conditions aimed at minimising environmental impacts and ensuring the sustainability of the fishery. The declaration is valid until 7 September 2017 and is subject to additional provisions outlined in the Schedule, including reporting and evaluation requirements to monitor the fishery's impact on endangered species and ecosystems.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a framework for the protection of the environment, including biodiversity and heritage, in Australia. Under the EPBC Act, certain wildlife trade operations can be declared as approved operations if they meet specific criteria. The declaration in question pertains to the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, which is recognised as an approved wildlife trade operation for specimens of fish and invertebrates, except for those species listed under Part 13 of the EPBC Act and taxa listed under section 303CA of the EPBC Act, with the exception of scalloped hammerhead shark (Sphyrna lewini) and great hammerhead shark (S. mokarran). This declaration is applicable until 7 September 2017, and it is subject to conditions outlined in the Schedule, which includes requirements for reporting and evaluation of the fishery's impact on speartooth sharks. The operation of this fishery is governed by the management regime under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008.

Key Provisions

The main sections of the legislation declare the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery as an approved wildlife trade operation under section 303FN (2) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (paragraphs 1-3). The declaration is limited to fish and invertebrate specimens, excluding those listed under Part 13 of the EPBC Act and taxa listed under section 303CA, except for scalloped hammerhead shark (Sphyrna lewini) and great hammerhead shark (S. mokarran) (paragraph 4). The operation must adhere to the management regime specified under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008 (paragraph 5). The declaration is valid until 7 September 2017 and is subject to conditions outlined in the Schedule (paragraph 6). The obligations imposed by the Act on the parties or entities it governs include ensuring the operation of the fishery adheres to the management regime set forth under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008 (paragraph 5). The Queensland Department of Agriculture, Fisheries and Forestry must inform the Department of the Environment of any intended amendments to the management arrangements (paragraph 7). Additionally, the Department must produce and present annual reports to the Department of the Environment in accordance with the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition (paragraph 8). The Department is also required to evaluate the effectiveness of current management measures and operation of the fishery in minimising interactions with and mortality of speartooth sharks, taking into account recent research, and encourage further relevant research to assist in determining if the fishery operations are affecting the survival or recovery of the speartooth shark (paragraph 9). Failure to comply with the provisions of the Act may result in various offences, penalties, or civil/criminal consequences. The Act does not specify particular offences or penalties within the text, but the general enforcement mechanisms under the EPBC Act may apply. These could include civil penalties for non-compliance, such as fines, or criminal penalties for more severe breaches, such as imprisonment. The specific penalties would depend on the nature and severity of the breach, and the applicable provisions of the EPBC Act and other relevant legislation. It is also noted that a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision under the Administrative Appeals Tribunal Act 1975 (paragraph 1).