COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, 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, public comments on the proposal as required under section 303FR 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 operations for the harvesting of specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the EPBC Act, taken in the Queensland Mud Crab Fishery, as defined in the regime, made under the Queensland Fisheries Regulations 2008, in force under the Fisheries Act 1994, to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d), for the purposes of the EPBC Act.
Unless amended or revoked, this declaration:
a) is valid until 12 October 2018 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 12th day of October 2015
………….…….…………Paul Murphy………………………
Delegate of the Minister for the Environment
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment 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 (currently $861 or reduced fee where applicable due to financial hardship) 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, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.
SCHEDULE
Declaration of the Harvest Operations of the Queensland Mud Crab Fishery as an approved wildlife trade operation, October 2015
ADDITIONAL PROVISIONS (section 303FT)
Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the Queensland Mud Crab Fishery:
- Operation of the Queensland Mud Crab Fishery (MCF) will be carried out in accordance with management regime in force under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008.
- The Queensland Department of Agriculture and Fisheries (QDAF) to inform the Department of the Environment of any intended material changes to the MCF management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
- The QDAF to produce and present reports to the Department of the Environment annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
- QDAF, in collaboration with crab fishery stakeholders, to investigate and implement management measures to monitor and manage the distribution of C1 symbols between the respective crab fisheries (Gulf of Carpentaria and Queensland East Coast Mud Crab Fisheries, and the Blue Swimmer Crab Fishery) to ensure there is minimal risk to the target stock, bycatch, EPBC Act listed threatened, endangered and protected species or the broader ecosystem from unsustainable fishing pressure.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The legislation was introduced to address gaps in the regulation of activities that could potentially harm the environment, including wildlife trade operations. The policy objective of the Act is to promote the ecologically sustainable use and management of natural resources. This declaration by Paul Murphy, as the Delegate of the Minister for the Environment, recognises the operations for the harvesting of fish or invertebrate specimens in the Queensland Mud Crab Fishery as an approved wildlife trade operation under the EPBC Act. This recognition is contingent on the operations being conducted in accordance with the Queensland Fisheries Regulations 2008 and other specified conditions. The declaration is valid until 12 October 2018 and is subject to review by the Administrative Appeals Tribunal or through an application for the reasons of the decision.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to operations involved in the trade of wildlife, including the harvesting of specimens derived from fish or invertebrates, unless those specimens are of species listed under Part 13 of the Act. The Act's jurisdictional reach extends across the Commonwealth of Australia, ensuring that wildlife trade operations adhere to national standards for ecological sustainability. This declaration specifically pertains to the operations of the Queensland Mud Crab Fishery, managed under the Queensland Fisheries Act 1994 and its associated regulations. Unless revoked or amended, the declaration is effective until 12 October 2018 and is subject to conditions outlined in the Schedule, which includes reporting requirements and management measures to mitigate ecological risks. This legislative framework ensures that wildlife trade operations are conducted sustainably and that any potential impacts on biodiversity are carefully managed.
Key Provisions
The key provisions of this legislation, as outlined in the declaration, pertain to the approval of wildlife trade operations under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303FN outlines the criteria for such approvals, which includes consideration of the ecological sustainability of the operations in question. The declaration specifies that the operations for harvesting fish and invertebrate specimens from the Queensland Mud Crab Fishery are approved, subject to conditions set out in section 303FT of the EPBC Act. These conditions require the Queensland Department of Agriculture and Fisheries to adhere to the management regime under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulations 2008, to report annually to the Department of the Environment, and to collaborate with stakeholders to implement measures to monitor and manage the distribution of C1 symbols across the respective crab fisheries to ensure minimal risk to target stocks and the broader ecosystem (section 303FT(1)-(3)).
The obligations imposed by the Act on the parties involved are stringent and multifaceted. The Queensland Department of Agriculture and Fisheries is mandated to keep the Department of the Environment informed of any significant changes to the management arrangements of the Queensland Mud Crab Fishery that could impact the ecological sustainability assessments (section 303FT(1)). Additionally, the Department must produce and submit annual reports detailing the management of the fishery to ensure transparency and accountability. The collaboration with crab fishery stakeholders to implement monitoring and management measures is also a critical obligation, aimed at mitigating risks to the ecosystem and target species (section 303FT(2)-(3)).
Failure to comply with the obligations and conditions set out in the declaration can result in serious consequences. The EPBC Act provides for both civil and criminal penalties for breaches of its provisions. Civil penalties may include fines, with the maximum penalty varying depending on the nature and severity of the breach. For example, corporations may face fines of up to $660,000 for serious or repeated breaches, while individuals may face fines of up to $66,000 (section 509). Criminal penalties may also apply, with individuals potentially facing imprisonment for offences such as unauthorised trade in protected species, which can result in fines and imprisonment for up to five years (section 474). The enforcement of these penalties is overseen by the relevant authorities, ensuring that the provisions of the Act are upheld and the ecological integrity of the Queensland Mud Crab Fishery is maintained.