Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly the biodiversity, by regulating activities that have, or may have, a significant impact on the environment. The Act aims to ensure that the protection of the environment is integrated into decision-making processes at all levels of government and in the private sector. This legislative framework was introduced to address the need for a cohesive and comprehensive approach to environmental protection that covers both terrestrial and marine ecosystems. Enacted by the Parliament of Australia, the policy objective of the Act is to balance economic development with the need to conserve Australia's unique biodiversity and natural heritage. The Act seeks to achieve this by setting up mechanisms for assessing and managing the environmental impact of proposed activities, including wildlife trade operations such as the Queensland Sea Cucumber Fishery.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the declaration of approved wildlife trade operations, including the declaration of the operations for the harvesting of fish specimens, or those derived from fish or invertebrates, in the Queensland Sea Cucumber Fishery (East Coast). This declaration applies to the operations carried out in accordance with the management regime established under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008, excluding specimens of species listed under Part 13 of the EPBC Act. The declaration is valid until 13 July 2017 and is subject to conditions specified in the Schedule, which include adherence to the established management regime and the requirement for Queensland Department of Agriculture, Fisheries and Forestry (DAFF) to inform the Department of the Environment of any intended material changes to the fishery's management arrangements. Furthermore, Queensland DAFF is obligated to produce and submit annual reports to the Department of the Environment as outlined in Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. The declaration extends its jurisdictional reach to the Commonwealth level, ensuring compliance with national environmental protection standards. Interested parties who believe their interests are affected by this decision may apply for a statement of reasons and for independent review of the decision under the Administrative Appeals Tribunal Act 1975.

Key Provisions

The main operative sections of the declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303FN) confirm that the operations for harvesting specimens that are, or are derived from, fish or invertebrates, other than those species listed under Part 13 of the EPBC Act, taken in the Queensland Sea Cucumber Fishery (East Coast) are declared an approved wildlife trade operation. This declaration (section 303FN(2)) is valid until 13 July 2017, and is subject to specific conditions outlined in section 303FT and specified in the Schedule. These conditions include adherence to the management regime under the Queensland Fisheries Act 1994 and Queensland Fisheries Regulation 2008, as well as reporting obligations to the Department of the Environment. The obligations imposed on the parties governed by this Act include the Queensland Department of Agriculture, Fisheries and Forestry (DAFF) to inform the Department of the Environment of any intended material changes to the management arrangements of the Queensland Sea Cucumber Fishery (East Coast) that may affect the assessment against which EPBC Act decisions are made. Furthermore, Queensland DAFF is required to produce and present annual reports to the Department of the Environment as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. These provisions ensure that the ecological sustainability of the fishery operations is maintained and that any changes are communicated and reviewed appropriately. Any breach of the obligations or conditions outlined in the Act may result in civil or criminal consequences. While the specific penalties are not stated in the text, under the EPBC Act, breaches of its provisions can lead to significant fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the breach, and the courts have the discretion to impose penalties that fit the circumstances of the case. Therefore, it is crucial for parties involved in the Queensland Sea Cucumber Fishery (East Coast) to comply with the declared conditions to avoid potential legal repercussions.