Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – Queensland Gulf of Carpentaria Inshore Fin Fish Fishery,
SePTEMBER 2018
I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, 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 Fisheries Act 1994 (QLD) and the Fisheries Regulation 2008 (QLD), 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 12 October 2018.”
and replace with the words
- “Unless otherwise amended or revoked, this declaration is valid until 14 December 2018, to allow for the Department’s assessment of the fishery, for a longer term wildlife trade operation approval period, to be finalised.”
Dated this 26th day of September 2018
Paul Murphy
Delegate of the Minister for the Environment
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 address the need for a comprehensive framework to protect and manage Australia’s environment, particularly in relation to biodiversity conservation and the regulation of wildlife trade. This Act was introduced by the Parliament of Australia and aims to provide a national system for the protection of the environment, including wildlife trade, in alignment with international obligations such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act enables the regulation of activities that may significantly impact the environment, ensuring that Australia meets its commitments under international agreements while protecting its natural heritage. The legislative framework provided by the EPBC Act is essential for the sustainable management of wildlife and the mitigation of environmental harm caused by human activities.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and individuals involved in activities that may impact the environment and biodiversity, particularly concerning wildlife trade operations. This Act facilitates the regulation of activities that may affect listed threatened species and ecological communities by imposing obligations on individuals and entities to comply with specific conditions outlined in approved wildlife trade operations. In this instance, the declared operation pertains to the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, managed under the Fisheries Act 1994 (QLD) and the Fisheries Regulation 2008 (QLD). The Act's jurisdictional reach is national, with the federal government overseeing and enforcing compliance to meet Australia's international obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The declared operation's extension until 14 December 2018 allows for a thorough assessment by the Department of the Environment and Energy, ensuring that the operation aligns with the conservation objectives outlined in the EPBC Act.
Key Provisions
The main operative sections of this instrument (F2018N00154) pertain to the variation of a previously declared approved wildlife trade operation for the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery. Under section 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), the declaration dated 1 September 2017 has been amended to extend its validity until 14 December 2018 (section 1). This extension is intended to allow for the finalisation of the Department’s assessment of the fishery, thereby enabling a longer-term approval period for the wildlife trade operation.
The obligations imposed by this Act require that the extended declaration be adhered to as stipulated. Specifically, the conditions of the original declaration, as varied, must be followed to ensure compliance with Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This includes ensuring that any export of specimens of species listed in Appendix II of Australia’s CITES list is conducted under a CITES export permit, provided that a non-detriment finding has been issued by Australia’s CITES Scientific Authority.
Failure to comply with the conditions of the declaration may result in legal consequences. Offences under the EPBC Act may attract both civil and criminal penalties, depending on the nature and severity of the breach. While the specific penalties are not detailed in this instrument, the Act generally provides for substantial fines and, in cases of serious offences, imprisonment. The exact penalties would be determined by the courts in the context of individual cases.
In summary, this legislative instrument extends the validity of a wildlife trade operation declaration to allow for the completion of a departmental assessment, imposes compliance obligations in line with CITES requirements, and sets the stage for potential civil and criminal penalties for non-compliance.