Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Commonwealth Parliament to address the problem of biodiversity loss and to provide for the protection of the environment, particularly the conservation of wildlife. This Act aims to ensure that biodiversity is conserved and that activities that have, or could have, a significant impact on the environment are properly assessed and managed. In the context of wildlife trade, the Act seeks to prevent the overexploitation of wildlife and to ensure that trade in wildlife is sustainable and does not threaten the survival of species in the wild. This legislative framework is critical in protecting Australia's unique biodiversity and ensuring that environmental considerations are integrated into decision-making processes.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities across Australia, with the primary aim of protecting and managing the environment, including biodiversity and heritage. This legislation is applicable to both individuals and entities engaged in activities that may impact the environment, particularly those involving wildlife trade. In this context, the Act extends its jurisdiction to operations that involve the trade of wildlife, ensuring that such activities comply with the environmental protections mandated by the Commonwealth. The declaration of an approved wildlife trade operation, such as the Queensland Gulf of Carpentaria Line Fishery, is a specific application of the EPBC Act. This declaration identifies the fishery as an approved operation under the Act, subject to specific conditions aimed at ensuring sustainable management and conservation of marine species. The operation is only approved in relation to certain specimens, excluding those belonging to species listed under Part 13 of the EPBC Act and taxa listed under section 303CA, except for scalloped hammerhead shark and great hammerhead shark. The geographic scope of this declaration is national, with the management of the fishery governed by the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008. The declaration is subject to review and amendment, ensuring it remains aligned with conservation objectives and regulatory standards.

Key Provisions

The key provisions of the notifiable instrument under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) declare the Queensland Gulf of Carpentaria Line Fishery as an approved wildlife trade operation (section 303FN). This declaration applies to the operation as defined by the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008, excluding specimens that belong to species listed under Part 13 of the EPBC Act or taxa listed under section 303CA, except for scalloped hammerhead shark (Sphyrna lewini) and great hammerhead shark (S. mokarran) (section 303FN (2)). This declaration is valid until 22 November 2019 and is subject to the conditions outlined in the Schedule (section 303FT). The obligations imposed by this declaration on the parties involved are primarily centred around compliance with the management regime under the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008. The Queensland Department of Agriculture and Fisheries is mandated to inform the Department of the Environment and Energy of any intended material changes to the management arrangements that could impact the assessment of the operation against EPBC Act decisions (section 303FT(1)). Furthermore, the Queensland Department of Agriculture and Fisheries must annually produce and present reports to the Department of the Environment and Energy as specified in Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition (section 303FT(2)). Additionally, the Queensland Department of Agriculture and Fisheries is required to provide appropriate identification tools and education to assist fishers in accurately identifying and recording sharks at the species level (section 303FT(3)). Failure to comply with the conditions set out in this declaration may lead to various consequences. While the specific penalties for breaches are not detailed in the text, under the EPBC Act, breaches of the Act can result in both civil and criminal penalties. Civil penalties can include fines of up to $66,000 for individuals and up to $330,000 for bodies corporate, while criminal penalties can include fines of up to $660,000 for individuals and up to $3.3 million for bodies corporate, along with potential imprisonment. These penalties underscore the seriousness of non-compliance with the requirements set out under the Act.