Declaration of an Approved Wildlife Trade Operation - Queensland Gulf of Carpentaria Line Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of Australia's environment, including its biodiversity and ecological processes, from the impacts of significant actions under Commonwealth control. The EPBC Act is a pivotal piece of legislation that provides a framework for the protection and management of the environment, including wildlife trade, and ensures compliance with international obligations such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This Act was introduced by the Commonwealth Parliament with the policy objective of achieving ecologically sustainable development through the protection of matters of national environmental significance. The declaration made under section 303FN of the EPBC Act by Paul Murphy, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as the Delegate of the Minister for the Environment, recognises the Queensland Gulf of Carpentaria Line Fishery's operations for the harvesting of fish and invertebrate specimens as an approved wildlife trade operation. This declaration, valid until 24 November 2016, is contingent on compliance with specified conditions aimed at ensuring the ecological sustainability of the fishery and adherence to the management regime established under the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008. The declaration also stipulates that any changes to the fishery's management arrangements and annual reporting requirements must be communicated to the Department of the Environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operations for the harvesting of specimens, including those that are or are derived from fish or invertebrates, conducted under the Queensland Gulf of Carpentaria Line Fishery. This legislation pertains specifically to the entities involved in these operations, namely Fisheries Queensland, and extends to any conduct and transactions related to the harvesting of these specimens, provided they do not involve species listed under Part 13 of the EPBC Act. The Act's jurisdiction is Commonwealth-wide, ensuring compliance across the entire country. Notably, this declaration does not apply to specimens of species listed under Part 13 of the EPBC Act, which are subject to separate regulations and controls. The declaration is subject to conditions outlined in the Schedule, which specifies that the operations must adhere to the management regime under the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008, with additional provisions stipulating reporting and notification requirements to the Department of the Environment. The application of the Act may be extended or restricted through subordinate instruments, which can introduce further regulations or modify existing ones as necessary.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in this declaration include section 303FN, which allows the Minister for the Environment to declare certain wildlife trade operations as approved, and section 303FT, which specifies the conditions that may apply to such operations. This particular declaration pertains to the harvesting of fish specimens or those derived from fish or invertebrates, excluding those of species listed under Part 13 of the EPBC Act, taken in the Queensland Gulf of Carpentaria Line Fishery. This operation is approved under section 303FN(2) and paragraph 303FN(10)(d) of the EPBC Act. The declaration is valid until 24 November 2016, and it is subject to the conditions outlined in the Schedule of the declaration. The obligations and requirements imposed by the Act on the parties involved, particularly Fisheries Queensland, include adherence to the management regime under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008. Fisheries Queensland must inform the Department of the Environment of any intended material changes to the management arrangements that could affect the ecological sustainability assessment. Additionally, Fisheries Queensland is required to produce and present annual reports to the Department of the Environment in accordance with Appendix B of the ‘Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition’. Any breach of the conditions specified in the Schedule, which governs the approved wildlife trade operation, may lead to civil or criminal consequences. The maximum penalties for breaches of the EPBC Act can include substantial fines and, in some cases, imprisonment. The specifics of these penalties are not detailed in the declaration but are governed by the broader provisions of the EPBC Act and related legislation. The declaration also indicates that affected parties may seek a statement of reasons and an independent review under the Administrative Appeals Tribunal Act 1975 within 28 days of the declaration date or receipt of reasons, respectively. Further information on the management of the fishery and compliance requirements can be obtained from the Director, Sustainable Fisheries Section.