Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a unified approach to the protection of the environment, particularly in relation to biodiversity conservation and the management of activities that may impact upon it. This Act was established by the Parliament of Australia to provide a framework for the protection of matters of national environmental significance, including wildlife and their habitats, through the regulation of activities that may have a significant impact on them. The policy objective of the EPBC Act is to ensure that biodiversity and environmental values are protected and conserved for the benefit of present and future generations. The declaration of the Queensland Marine Aquarium Fish Fishery as an approved wildlife trade operation under the EPBC Act aims to facilitate the sustainable trade of marine aquarium fish while ensuring compliance with environmental protection standards. This declaration was made to allow the operation to proceed with certain conditions, ensuring that it does not adversely affect listed threatened species or taxa under Australia’s CITES list, except for specified hammerhead shark species.

Scope and Application

The declaration under the Environment Protection and Biodiversity Conservation Act 1999 specifies that the Queensland Marine Aquarium Fish Fishery is recognised as an approved wildlife trade operation, but only in relation to certain classes of fish and invertebrate specimens. This declaration applies to the operation as defined in the management regime for the fishery under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulations 2008, with exclusions for specimens that belong to eligible listed threatened species and those listed under Australia's CITES list, except for the scalloped hammerhead shark, great hammerhead shark, and smooth hammerhead shark. The declaration is valid until 26 March 2021 and is subject to conditions specified in the Schedule, including adherence to the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulations 2008, as well as reporting requirements to the Department of the Environment and Energy by the Queensland Department of Agriculture and Fisheries. This decision is made under the authority of the Minister for the Environment and Energy and can be reviewed by the Administrative Appeals Tribunal or the public under the Freedom of Information Act 1982.

Key Provisions

The main operative sections of this declaration (F2018N00022) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) include sections 303FN and 303FT. Section 303FN allows for the declaration of a wildlife trade operation as approved if certain conditions are met, while section 303FT allows for additional provisions to be attached to the declaration. In this instance, section 303FN(2) and paragraph 303FN(10)(d) of the EPBC Act are referenced to declare the Queensland Marine Aquarium Fish Fishery as an approved wildlife trade operation, limited to fish or invertebrate specimens that do not belong to eligible listed threatened species or taxa listed under Australia’s CITES list, with exceptions for certain hammerhead sharks. Section 303FT specifies additional provisions that must be adhered to, such as the operation being conducted in accordance with the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008. The obligations imposed by this declaration on the parties involved, primarily the Queensland Department of Agriculture and Fisheries, include reporting any intended material changes to the fishery management arrangements to the Department of the Environment and Energy and producing annual reports as per the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. These reports must be presented to the Department of the Environment and Energy to ensure compliance with the ecological sustainability criteria set out in the EPBC Act. Failure to comply with the conditions and requirements set out in this declaration may result in various consequences. While the document does not explicitly state offences or penalties, breaches of the EPBC Act can generally lead to civil or criminal penalties, including fines and imprisonment, depending on the nature and severity of the breach. The maximum penalties for breaches of the EPBC Act can be substantial, reflecting the importance of environmental protection and biodiversity conservation in Australia. Additionally, individuals or entities adversely affected by the declaration have the right to seek reasons for the decision from the Department of the Environment and Energy and apply for an independent review by the Administrative Appeals Tribunal within 28 days.