Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – QUEENSLAND GULF OF CARPENTARIA INSHORE FIN FISH FISHERY, JULY 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 Act 1994 and the Queensland Fisheries Regulation 2008, 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 27 July 2018.”
and replace with the words
“Unless otherwise amended or revoked, this declaration is valid until 12 October 2018.”
Dated this 2nd day of July 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, Wildlife Trade Assessments 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 by the Parliament of Australia to address the need for a coordinated approach to the protection and management of the environment, particularly with regard to matters of national environmental significance. The Act provides a framework for the protection of wildlife and biodiversity through mechanisms such as the approval of wildlife trade operations. In July 2018, a notifiable instrument was issued under the EPBC Act to vary the declaration of an approved wildlife trade operation for the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, extending its validity from 27 July 2018 to 12 October 2018. This adjustment was made by the Minister for the Environment and Energy’s delegate, ensuring compliance with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the principal piece of legislation under which the declaration of an approved wildlife trade operation is made, applying to the specific case of the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery. The Act is administered by the Minister for the Environment and Energy, with authority delegated to Assistant Secretaries such as Paul Murphy, who has varied the declaration for this fishery. The primary purpose of the Act is to protect and conserve biodiversity and to meet Australia's international obligations, particularly under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This particular declaration pertains to the management regime under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008, ensuring that the fishing activities comply with both state and federal environmental protection standards. The geographic scope of this legislation is national, extending to the Commonwealth level, with specific application to the Gulf of Carpentaria in Queensland. The declaration ensures that any trade in wildlife, particularly species listed under CITES, is conducted in a manner that does not detrimentally affect the conservation status of these species. There are no explicit exclusions or exemptions mentioned in the text, though the issuance of CITES permits and non-detriment findings suggests a structured regulatory framework that governs the trade operations.
Key Provisions
The key provision of the legislation is the variation of the declaration of an approved wildlife trade operation for the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery (section 1). The variation extends the validity of the declaration from 27 July 2018 to 12 October 2018. This change is made under the authority of the Minister for the Environment and Energy, as delegated to the Assistant Secretary of the Wildlife Trade and Biosecurity Branch (section 1).
The obligations imposed by this legislation are primarily on the operators of the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery. They must adhere to the updated conditions of the declaration, which now extends to 12 October 2018. Additionally, they must comply with any other conditions set forth in the management regime under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008. The declaration itself ensures that the export of specimens of species listed in Appendix II of Australia’s CITES list is regulated and authorised, meeting Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
The legislation also outlines the potential consequences for non-compliance. Firstly, the declaration can be amended or revoked if the conditions are not met. Additionally, there are provisions for review under the Administrative Appeals Tribunal Act 1975. Affected parties can apply for a statement of reasons or for independent review of the decision within 28 days of the declaration. Failure to comply with the conditions specified in the declaration or with the CITES requirements could lead to legal action under the EPBC Act, potentially resulting in fines or other penalties as stipulated in the Act. The maximum penalties for breaches of the EPBC Act can include substantial fines and, in severe cases, imprisonment.