Declaration of an Approved Wildlife Trade Operation - Queensland River and Inshore Beam Trawl Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for a comprehensive framework for the protection of the environment and biodiversity. This Act provides a legal structure to manage the impacts of activities, developments, and operations that may have significant environmental consequences. The EPBC Act aims to ensure that biodiversity conservation and sustainable use of natural resources are integrated into decision-making processes at various levels of government and industry. The declaration of approved wildlife trade operations under the Act, such as the one issued for the Queensland River and Inshore Beam Trawl Fishery in February 2016, exemplifies the policy objective of facilitating trade while ensuring that it does not adversely affect the ecological sustainability of the environment. This specific declaration recognises the importance of maintaining sustainable fishing practices and ecological balance within the designated fishery areas.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the management and conservation of biodiversity and the protection of the environment in Australia. Specifically, this Act encompasses the declaration of approved wildlife trade operations, which involves ensuring that such operations meet certain ecological sustainability criteria. The declared operation under this Act pertains to the Queensland River and Inshore Beam Trawl Fishery, which operates within the T5, T6, T7, T8, and T9 areas of the 'east coast trawl fishery', as defined by the Queensland Fisheries (East Coast Trawl) Management Plan 2010. This declaration, made under section 303FN of the EPBC Act, is applicable to the harvesting of fish and invertebrate specimens, excluding those of species listed under Part 13 of the EPBC Act. The operation is subject to specific conditions outlined in the Schedule, which include adherence to the management regime under the Queensland Fisheries Act 1994, regular reporting to the Department of the Environment, and the mitigation of any unacceptable ecological risks identified through an ecological risk assessment. The declaration is valid until 15 February 2019 unless otherwise amended or revoked, and it is subject to independent review and potential legal challenge by affected parties.

Key Provisions

The key sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to this declaration include sections 303FN and 303FT, which pertain to the declaration of approved wildlife trade operations and the conditions that accompany such declarations, respectively. Section 303FN allows for the declaration of a wildlife trade operation as approved if certain criteria are satisfied, while section 303FT specifies the conditions that may be applied to such operations. The declaration in question, made by Ilse Kiessling on behalf of the Minister for the Environment, asserts that the operations of the Queensland River and Inshore Beam Trawl Fishery, which involves the harvesting of fish or invertebrates, meet the criteria for an approved wildlife trade operation, provided they adhere to the conditions set out in the Schedule. This declaration is valid until 15 February 2019, unless otherwise amended or revoked. The obligations imposed on the parties governed by this Act include the requirement for the Queensland Department of Agriculture and Fisheries to notify the Department of the Environment of any intended changes to the management arrangements of the fishery that may impact the criteria for EPBC Act decisions. Additionally, the Queensland Department of Agriculture and Fisheries is mandated to provide annual reports on the fishery's operations to the Department of the Environment, as per the Guidelines for the Ecologically Sustainable Management of Fisheries. Another obligation is the completion and publication of an ecological risk assessment for the fishery by 1 March 2017. Furthermore, the Department must ensure that any unacceptable risks to bycatch, including protected species, identified through the ecological risk assessment are mitigated by 15 February 2019. The Act does not explicitly state offences, penalties, or consequences for non-compliance with its provisions. However, non-compliance with the conditions of an approved wildlife trade operation or failure to meet the obligations outlined in the Schedule could potentially lead to legal consequences. This may include revocation of the approval status of the operation, which could result in the cessation of the activities involved. Additionally, if the non-compliance pertains to the protection of endangered species or ecosystems, there could be further criminal or civil liabilities under other relevant environmental protection laws, which may include fines or imprisonment. The specifics of these penalties would be determined by the courts based on the nature and extent of the non-compliance.