Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – Queensland Gulf of Carpentaria Inshore Fin Fish Fishery April 2018
I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy, hereby vary under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the declaration of an approved wildlife trade operation dated 1 September 2017 for the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, as defined in the management regime in force under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994 such that the condition specified in the Schedule to that declaration is varied as follows:
In Condition 1, delete the words
“Unless otherwise amended or revoked, this declaration is valid until 4 May 2018.”
and replace with the words
“Unless otherwise amended or revoked, this declaration is valid until 27 July 2018.”
Dated this 1st day of May 2018
Delegate of the Minister for the Environment and Energy
Notes:
1. Under the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision. An application for a statement of reasons may be made in writing to the Department of the Environment and Energy within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Appeals Tribunal on payment of the relevant fee within 28 days of the date of the declaration, or if reasons are sought, within 28 days of receipt of reasons. Further information may be obtained from the Director, Sustainable Fisheries Section.
2. Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non detriment finding for that species. Further information, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from htttp://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally -endangered-plants-and-animals-cites/how-export.
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. This legislation aims to address the problem of unsustainable wildlife trade practices that may threaten biodiversity and ecosystems both within Australia and internationally. The Act was introduced by the Parliament of Australia and its policy objective is to protect and conserve Australia's unique flora, fauna, ecological communities, and heritage places, as well as to manage the impact of activities on the environment. In this context, the Act ensures that Australia meets its obligations under international agreements such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The declaration of an approved wildlife trade operation, such as the one concerning the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, is an example of how the EPBC Act regulates and monitors the trade of wildlife to prevent detrimental effects on the environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to various persons, entities, and industries involved in activities that may impact Australia's environment, biodiversity, and cultural heritage. In this context, the Act pertains to the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, which falls under the management regime defined in the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994. The declaration of an approved wildlife trade operation sets specific conditions to ensure compliance with environmental and biodiversity conservation requirements. The geographic reach of the Act is national, with the Commonwealth having the authority to regulate matters of national environmental significance. The Act can extend its application through subordinate instruments, such as regulations and permits, which may further define the scope and specific requirements for various operations and activities. Exclusions or exemptions from the Act's application are determined by the specific conditions set out in the declaration and may vary depending on the nature of the activities involved.
Key Provisions
The key operative section of this notifiable instrument is paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which allows for the variation of a declaration of an approved wildlife trade operation. Specifically, this instrument modifies Condition 1 of the declaration for the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, extending its validity from 4 May 2018 to 27 July 2018. The Act ensures that the management regime for the fishery remains compliant with environmental protection and biodiversity conservation requirements.
The Act imposes obligations on the parties involved to ensure the fishery operates within the specified conditions. This includes adherence to the updated validity period of the declaration, ensuring that any operations conducted under this declaration comply with the EPBC Act and any associated conditions, particularly those related to the export of specimens of species listed in Appendix II of Australia’s CITES list. The operation must also ensure that the non-detriment findings required by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are correctly obtained and documented.
Failure to comply with the provisions of the EPBC Act can result in both civil and criminal consequences. Civil penalties may be imposed for breaches, with the maximum penalties varying depending on the specific breach. Criminal penalties can also apply, with individuals potentially facing fines and imprisonment for serious violations. The exact penalties are outlined in the EPBC Act and can be substantial, reflecting the importance of environmental protection and biodiversity conservation.