COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – QUEENSLAND MARINE AQUARIUM FISH FISHERY, NOVEMBER 2017
I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Queensland Department of Agriculture and Fisheries, and advice on the ecological sustainability of the operation. I am satisfied on those matters specified in section 303FN of the EPBC Act. I hereby declare the operation that is specified in column 1 of Table 1 to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d) of the EPBC Act, but only to the extent the operation relates to the class of specimens specified in column 2 of Table 1.
Table 1
Operation | Class of Specimens |
Queensland Marine Aquarium Fish Fishery, as defined in the management regime for the fishery made under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulations 2008 | Specimens that are, or are derived from, fish or invertebrates, other than: a) specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category) and b) specimens that belong to taxa listed under section 303CA of the EPBC Act (Part 13A), except for Sphyrna lewini (scalloped hammerhead shark), S. mokarran (great hammerhead shark) and S. zygaena (smooth hammerhead shark). |
Unless amended or revoked, this declaration:
a) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 16th day of November 2017
………….…….………Paul Murphy…………………………
Delegate of the Minister for the Environment and Energy
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy for the reasons for the decision.
An application for independent review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee by the applicant, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT’s website at http://www.aat.gov.au/ for further information.
You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. For further information, please visit http://www.environment.gov.au/foi/index.html.
Further enquiries should be directed to the Director, Sustainable Fisheries Section, Department of the Environment and Energy, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.
SCHEDULE
Declaration of the Harvest Operations of the Queensland Marine Aquarium Fish Fishery as an approved wildlife trade operation, November 2017
ADDITIONAL PROVISIONS (section 303FT)
1: Unless otherwise amended or revoked, this declaration is valid until 30 March 2018.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to facilitate ecologically sustainable development. The legislation was introduced to address the need for a comprehensive framework to protect and manage Australia's biodiversity and environment, including wildlife trade operations. The EPBC Act is administered by the Australian Government and its primary policy objective is to conserve and protect Australia's biodiversity and environment through regulation and management of activities that have, or could have, a significant impact on the environment. This particular notifiable instrument relates to the declaration of an approved wildlife trade operation for the Queensland Marine Aquarium Fish Fishery, allowing for the sustainable trade of certain marine species while excluding those listed under the EPBC Act to ensure their conservation.
Scope and Application
The declaration issued under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 recognises the Queensland Marine Aquarium Fish Fishery as an approved wildlife trade operation, subject to specific conditions. This recognition applies only to the class of specimens derived from fish or invertebrates, with exclusions for specimens that belong to species listed under Part 13 of the EPBC Act, except for those listed in the conservation dependent category, and specimens listed under section 303CA of the EPBC Act, except for Sphyrna lewini (scalloped hammerhead shark), S. mokarran (great hammerhead shark), and S. zygaena (smooth hammerhead shark). The declaration, which is subject to the conditions specified in the Schedule, applies on a national level and is effective until 30 March 2018 unless otherwise amended or revoked. The jurisdictional reach of this declaration extends across Australia, with its authority derived from the Commonwealth. It is pertinent to note that this declaration does not exempt any party from compliance with other relevant legislation or regulations, and it may be subject to further conditions or modifications through subordinate instruments.
Key Provisions
The main operative sections of this notifiable instrument (F2017N00090) declare the Queensland Marine Aquarium Fish Fishery as an approved wildlife trade operation under subsection 303FN(2) and paragraph 303FN(10)(d) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 1 and 2). This declaration applies to the class of specimens specified in Table 1, which includes fish or invertebrates, except those belonging to species listed under Part 13 of the EPBC Act (other than conservation dependent species) and taxa listed under section 303CA of the EPBC Act (Part 13A), excluding Sphyrna lewini (scalloped hammerhead shark), S. mokarran (great hammerhead shark), and S. zygaena (smooth hammerhead shark). The declaration is subject to conditions specified in the Schedule under section 303FT and is valid until 30 March 2018 (section 1).
The Act imposes several obligations and requirements on the parties governed by this declaration. Firstly, the Queensland Department of Agriculture and Fisheries must comply with the conditions outlined in the Schedule, which governs the approved wildlife trade operation. These conditions are designed to ensure that the operation adheres to the standards set forth in the EPBC Act and maintains the ecological sustainability of the fishery. Secondly, the operation must not involve specimens belonging to species or taxa specified in the exclusions listed in Table 1. This ensures that the operation does not negatively impact endangered or protected species and maintains the integrity of the ecosystem. Additionally, the operation must adhere to any other relevant provisions of the EPBC Act and any other applicable legislation.
Breach of the conditions set out in the Schedule or any other provision of the EPBC Act may result in civil or criminal consequences. Under the EPBC Act, penalties for breaches can include fines and imprisonment. The maximum penalties for contravening the Act vary depending on the specific offence and can be significant, reflecting the importance of environmental protection and biodiversity conservation. The exact penalties for each offence are detailed in the EPBC Act and can be accessed through the relevant authorities. Furthermore, the declaration provides for internal review and external review mechanisms, allowing affected parties to seek clarification on the decision or challenge it if they believe it to be unjust or improperly made.