Declaration of an Approved Wildlife Trade Operation - South Australian Marine Scalefish Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to biodiversity and ecological processes, and to manage the impacts of activities on the environment. The Act was introduced to address the need for a comprehensive framework to protect and manage Australia’s biodiversity and ecological heritage, aligning with international obligations and ensuring sustainable use of natural resources. The Act is administered by the Parliament of the Commonwealth of Australia, with a clear policy objective to safeguard ecological sustainability and prevent significant environmental harm. The recent declaration by the Delegate of the Minister for the Environment, Paul Murphy, identifies the incidental harvesting of smooth hammerhead shark specimens within the South Australian Marine Scalefish Fishery as an approved wildlife trade operation, reflecting the Act’s aim to balance conservation needs with legitimate economic activities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the operations of individuals, entities, and industries that may have significant environmental impacts, particularly concerning matters of national and international environmental significance. This Act provides a framework for the protection of the environment and biodiversity in Australia, and it extends to all Commonwealth waters, territories, and any actions that may impact listed threatened species and ecological communities. The declared operation under this Act pertains specifically to the incidental harvesting of smooth hammerhead shark specimens within the South Australian Marine Scalefish Fishery, as outlined in the relevant management plan under state legislation. The geographic reach of this Act is national, governing activities across all states and territories of Australia. The declaration made by Paul Murphy, as the Delegate of the Minister for the Environment, is valid until March 25, 2016, and it is subject to review or appeal by affected parties within 28 days of the declaration. Any exclusions or exemptions from the application of this Act are not specified in the declaration but would typically be detailed in the relevant sections of the Act or in subordinate legislation.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999, as declared in this Gazette, involve the declaration of an approved wildlife trade operation under section 303FN. This section allows the Minister for the Environment, through a delegate such as Paul Murphy, to declare certain operations related to the incidental harvesting of specimens of the Sphyrna zygaena, or smooth hammerhead shark, as an approved wildlife trade operation if the ecological sustainability of such operations is confirmed. This declaration (subsection 303FN(2)) is valid until 25 March 2016 unless amended or revoked earlier. This Act imposes specific obligations on parties or entities involved in the declared operation. Firstly, it requires adherence to the conditions stipulated within the Management Plan for the South Australian Commercial Marine Scalefish Fishery 2013, which was made under the South Australian Fisheries Management Act 2007. The declaration ensures that the operations meet the ecological sustainability criteria set out in section 303FN of the EPBC Act. Furthermore, the declaration mandates that any person whose interests are affected by the decision has the right to seek written reasons for the decision from the Department of the Environment within 28 days of the declaration. Additionally, the declaration provides for an independent review by the Administrative Appeals Tribunal if the decision is contested. The Act also outlines potential consequences for non-compliance or breaches of its provisions. Under the EPBC Act, failure to comply with the declared conditions could lead to enforcement actions, including fines and other penalties. The specific penalties for breaches are determined by the relevant state or territory laws, but the Gazette does not provide details on maximum penalties. However, it is noted that an application for an independent review of the decision can be made to the AAT within 28 days of receipt of the reasons for the decision, or within 28 days of the declaration if reasons for the decision are not sought. This process ensures that any grievances or disputes regarding the declaration can be formally addressed and resolved.